[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1865 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
December 17, 2019.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 1865) entitled ``An Act to require the Secretary of the
Treasury to mint a coin in commemoration of the opening of the National
Law Enforcement Museum in the District of Columbia, and for other
purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
At the end of the Senate amendment, add the following:
SECTION 1 SHORT TITLE.
This Act may be cited as the ``Further Consolidated Appropriations
Act, 2020''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8 Office of Management and Budget Reporting Requirements.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--Natural Disaster Relief
Title VI--General Provisions
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION I--EXTENSIONS
Title I--Immigration Extensions
Title II--National Flood Insurance Program Extension
Title III--Secure Rural Schools and Community Self-Determination
Extension
Title IV--Export-Import Bank Extension
Title V--Terrorism Risk Insurance Program Extension
Title VI--NASA Enhanced Use Leasing Extension
Title VII--INKSNA Extension
Title VIII--Brand USA Extension
Title IX--DC Opportunity Scholarship Extensions
Title X--Budgetary Effects
DIVISION J--FOREIGN POLICY
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
DIVISION M--BIPARTISAN AMERICAN MINERS
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
DIVISION P--OTHER MATTER
Title I--Platte River Recovery Implementation Program
Title II--Great Lakes
Title III--Morris K. Udall and Stewart L. Udall Foundation
Title IV--White Horse Hill National Game Preserve
Title V--Pittman-Robertson Fund
Title VI--John F. Kennedy Center
Title VII--Preserving America's Battlefields
Title VIII--Veterans Affairs Report on Disability Compensation and the
Positive Association With Exposure to an
Herbicide Agent
Title IX--Disaster Recovery Workforce
Title X--Television Viewer Protection
Title XI--Eligibility to Receive Signals Under a Distant-Signal
Satellite License
Title XII--Groundfish Trawl Fishery
Title XIII--Temporary Relief from Certain ERISA Requirements
Title XIV--Library of Congress Technical Corrections
Title XV--Senate Entities
Title XVI--Legislative Branch Inspectors General Independence
Title XVII--Managing Political Fund Activity
Title XVIII--Kentucky Wildlands National Heritage Area Study
Title XIX--International Bank for Reconstruction and Development
Title XX--European Energy Security and Diversification Act of 2019
DIVISION Q--REVENUE PROVISIONS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about December 17, 2019, and
submitted by the Chairwoman of the Committee on Appropriations of the
House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through H of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2020.
SEC. 8. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENTS.
(a) As of the date of enactment of this Act, section 150 of the
Continuing Appropriations Act, 2020 (division A of Public Law 116-59),
as added by the Further Continuing Appropriations Act, 2020 (division A
of Public Law 116-69), shall no longer have any force or effect.
(b) Notwithstanding the ``7 calendar days'' requirement in section
251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act for fiscal
year 2020 enacted before January 1, 2020, the Office of Management and
Budget shall transmit to the Congress its report under that section
estimating the discretionary budgetary effects of such Acts not later
than January 15, 2020.
DIVISION A--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,611,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,819,832,000 as follows:
(A) $854,649,000 for adult employment and training
activities, of which $142,649,000 shall be available
for the period July 1, 2020 through June 30, 2021, and
of which $712,000,000 shall be available for the period
October 1, 2020 through June 30, 2021;
(B) $913,130,000 for youth activities, which shall
be available for the period April 1, 2020 through June
30, 2021; and
(C) $1,052,053,000 for dislocated worker employment
and training activities, of which $192,053,000 shall be
available for the period July 1, 2020 through June 30,
2021, and of which $860,000,000 shall be available for
the period October 1, 2020 through June 30, 2021:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act; and
(2) for national programs, $791,368,000 as follows:
(A) $270,859,000 for the dislocated workers
assistance national reserve, of which $70,859,000 shall
be available for the period July 1, 2020 through
September 30, 2021, and of which $200,000,000 shall be
available for the period October 1, 2020 through
September 30, 2021: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers: Provided further,
That notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $70,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $30,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1) and workers in the Lower
Mississippi, as defined in section 4(2) of the
Delta Development Act (Public Law 100-460, 102
Stat. 2246; 7 U.S.C. 2009aa(2));
(ii) $40,000,000 shall be for the purpose
of developing, offering, or improving
educational or career training programs at
community colleges, defined as public
institutions of higher education, as described
in section 101(a) of the Higher Education Act
and at which the associate's degree is
primarily the highest degree awarded, with
other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act, eligible to participate
through consortia, with community colleges as
the lead grantee: Provided, That the Secretary
shall follow the requirements for the program
in House Report 116-62: Provided further, That
any grant funds used for apprenticeships shall
be used to support only apprenticeship programs
registered under the National Apprenticeship
Act and as referred to in section 3(7)(B) of
the Workforce Innovation and Opportunity Act;
(B) $55,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2020 through June 30, 2021;
(C) $91,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$85,229,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,122,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $545,000 for other
discretionary purposes, which shall be available for
the period April 1, 2020 through June 30, 2021:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services;
(D) $94,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2020 through June 30,
2021;
(E) $98,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2020 through June
30, 2021: Provided, That of this amount, $25,000,000
shall be for competitive grants to national and
regional intermediaries for activities that prepare
young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-
poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2020 through June 30, 2021; and
(G) $175,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, which shall be
available for the period July 1, 2020 through June 30,
2021.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,743,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2020 through June 30, 2021;
(2) $108,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2020 through June 30, 2023, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
provision shall not be available for obligation after June 30,
2021: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2019 through September 30, 2020:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $405,000,000, which shall be available for
the period April 1, 2020 through June 30, 2021, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2020 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act
of 2015, $680,000,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2020: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,290,583,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,540,816,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $175,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $58,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section 405(a)
of the Trade Preferences Extension Act of 2015, and shall be
available for obligation by the States through December 31,
2020, except that funds used for automation shall be available
for Federal obligation through December 31, 2020, and for State
obligation through September 30, 2022, or, if the automation is
being carried out through consortia of States, for State
obligation through September 30, 2026, and for expenditure
through September 30, 2027, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation through
December 31, 2020, and for obligation by the States through
September 30, 2022, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2021, and funds
used for unemployment insurance workloads experienced through
September 30, 2020 shall be available for Federal obligation
through December 31, 2020;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $646,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2020 through June 30, 2021;
(4) $22,318,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $68,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $54,528,000 shall be available for the
Federal administration of such activities, and $14,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2020
through June 30, 2021:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2020 is projected by the
Department of Labor to exceed 1,706,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2021, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2021.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2021, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2020, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2020 shall be
available for obligations for administrative expenses in excess of
$452,858,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2020, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2024, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2024 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2024 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $242,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $43,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2012); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $234,600,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2019, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appropriation from
the Postal Service and from any other corporation or instrumentality
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2020: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration of the Federal Employees' Compensation Act,
$74,777,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $20,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2021, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2020 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$32,844,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $581,787,000, including not to exceed $108,575,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2020, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $11,537,000 shall be available for Susan Harwood training
grants, of which not less than $4,500,000 is for Susan Harwood Training
Capacity Building Developmental grants, as described in Funding
Opportunity Number SHTG-FY-16-02 (referenced in the notice of
availability of funds published in the Federal Register on May 3, 2016
(81 Fed. Reg. 30568)) for program activities starting not later than
September 30, 2020 and lasting for a period of 12 months: Provided
further, That not less than $3,500,000 shall be for Voluntary
Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $587,000,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Within this amount, $27,000,000 to remain available until September
30, 2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication of space,
furniture, fixtures, equipment, and related costs, as well as
relocation of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $348,056,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$67,325,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2020: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than $53,825,000 shall
be for programs to combat exploitative child labor internationally and
not less than $13,500,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements or
trade preference programs: Provided further, That $8,040,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2021: Provided further, That funds available for
program evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce: Provided further,
That of the amounts made available to the Women's Bureau, not less than
$1,294,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2020, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and
to the spouses or other family caregivers of such wounded, ill,
or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division O
of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $55,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2020, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $25,269,000, which shall be available
through September 30, 2021.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$85,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2021.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2021: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one or
more companies, directly or indirectly, controls, is controlled
by, or is under common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
(i) listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the United
States during the 120-day period specified in paragraph (1) to
be staggering the date of need in violation of section
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established by
the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States Code. The
net proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job Corps
Program on Treasure Island.
(rescission)
Sec. 115. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$150,000,000 are hereby rescinded.
Sec. 116. Funds made available in prior Acts under the heading
``Department of Labor--Employment and Training Administration--State
Unemployment Insurance and Employment Service Operations'' for fiscal
years 2015 through 2019 for automation acquisitions that are being
carried out through consortia of States shall be available for
expenditure for 6 fiscal years after the final fiscal year that such
funds are available to incur new obligations.
Sec. 117. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the
Workforce Innovation and Opportunity Act are met.
This title may be cited as the ``Department of Labor Appropriations
Act, 2020''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,626,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,194,506,000, of which $138,916,000 shall remain available through
September 30, 2021 to carry out sections 750, 755, 756, 760, 781, and
791 of the PHS Act: Provided, That sections 751(j)(2) and 762(k) of
the PHS Act and the proportional funding amounts in paragraphs (1)
through (4) of section 756(f) of the PHS Act shall not apply to funds
made available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or before January
1, 2009, the Secretary of Health and Human Services (referred to in
this title as the ``Secretary'') may hereafter waive any of the
requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of
such Act for the full project period of a grant under such section:
Provided further, That no funds shall be available for section 340G-1
of the PHS Act: Provided further, That fees collected for the
disclosure of information under section 427(b) of the Health Care
Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the full costs
of operating the programs authorized by such sections and shall remain
available until expended for the National Practitioner Data Bank:
Provided further, That funds transferred to this account to carry out
section 846 and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such section
and subpart: Provided further, That $120,000,000 shall remain
available until expended for the purposes of providing primary health
services, assigning National Health Service Corps (``NHSC'') members to
expand the delivery of substance use disorder treatment services,
notwithstanding the assignment priorities and limitations under
sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program under section
338B of such Act: Provided further, That, within the amount made
available in the previous proviso, $15,000,000 shall remain available
until expended for the purposes of making payments under the NHSC Loan
Repayment Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health services in
Indian Health Service facilities, Tribally-Operated 638 Health
Programs, and Urban Indian Health Programs (as those terms are defined
by the Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided further, That
for purposes of the previous two provisos, section 331(a)(3)(D) of the
PHS Act shall be applied as if the term ``primary health services''
includes clinical substance use disorder treatment services, including
those provided by masters level, licensed substance use disorder
treatment counselors: Provided further, That of the funds made
available under this heading, $5,000,000 shall be available to make
grants to establish or expand optional community-based nurse
practitioner fellowship programs that are accredited or in the
accreditation process, with a preference for those in Federally
Qualified Health Centers, for practicing postgraduate nurse
practitioners in primary care or behavioral health.
Of the funds made available under this heading, $50,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions: Provided, That, in awarding such
grants, the Secretary shall give priority to public institutions of
higher education located in States with a projected primary care
provider shortage in 2025, as determined by the Secretary: Provided
further, That grants so awarded are limited to such public institutions
of higher education in States in the top quintile of States with a
projected primary care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a grant so
awarded to such an institution shall be not less than $1,000,000 per
year: Provided further, That such a grant may be awarded for a period
not to exceed 5 years: Provided further, That such a grant awarded
with respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is not less
than 10 percent of the total amount of Federal funds provided in the
grant to such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $943,784,000: Provided, That notwithstanding sections 502(a)(1)
and 502(b)(1) of the Social Security Act, not more than $119,116,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,388,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2022, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$70,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $123,593,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$318,294,000, of which $53,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $19,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for grants
under section 1820(g)(6) available for the purchase and implementation
of telehealth services, including pilots and demonstrations on the use
of electronic health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $12,500,000 shall be available for State
Offices of Rural Health: Provided further, That $10,000,000 shall
remain available through September 30, 2022, to support the Rural
Residency Development Program: Provided further, That $110,000,000
shall be for the Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$10,200,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $433,105,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,273,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $570,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$984,964,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act
for not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $160,810,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $555,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $196,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $677,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$342,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $570,843,000, of which: (1) $128,421,000
shall remain available through September 30, 2021 for international
HIV/AIDS; and (2) $173,400,000 shall remain available through September
30, 2022 for global disease detection and emergency response:
Provided, That funds may be used for purchase and insurance of official
motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $850,200,000: Provided, That the Director of the Centers
for Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement for up to 180
days to support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable, provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
funds appropriated under this heading may be used to support a contract
for the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $25,000,000,
which shall remain available until September 30, 2024: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $198,570,000, of which up
to $5,000,000 may be transferred to the reserve of the Working Capital
Fund authorized under this heading in division F of Public Law 112-74:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under this
heading and in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2021.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,245,442,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,624,258,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $477,429,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,114,314,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,374,687,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $5,885,470,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,937,218,000, of which
$1,230,821,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $386,573,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,556,879,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $824,090,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $802,598,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,543,673,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$624,889,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $490,692,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $169,113,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $545,373,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,462,016,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,968,374,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $606,349,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$403,638,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $151,740,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$335,812,000: Provided, That funds may be used to implement a
reorganization that is presented to an advisory council in a public
meeting and for which the Committees on Appropriations of the House of
Representatives and the Senate have been notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $80,760,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $456,911,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2021: Provided
further, That in fiscal year 2020, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $832,888,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $578,141,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,239,787,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $626,511,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be
for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $50,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000
shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and
operations of the NIH, including agency efforts to ensure the integrity
of its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous proviso
may be transferred from one specified activity to another with 15 days
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Inspector
General shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2020 and 2021 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts available under this heading are also available to
establish, operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $200,000,000, to remain
available through September 30, 2024.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $492,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts of the
National Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided by
law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,644,974,000: Provided, That of the funds made
available under this heading, $68,887,000 shall be for the National
Child Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A shall be available for
carrying out section 1971 of the PHS Act: Provided further, That in
addition to amounts provided herein, $21,039,000 shall be available
under section 241 of the PHS Act to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart I of
part B of title XIX: Provided further, That up to 10 percent of the
amounts made available to carry out the Children's Mental Health
Services program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25 years
of age at clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the PHS Act
shall not apply to funds appropriated in this Act for fiscal year 2020:
Provided further, That States shall expend at least 10 percent of the
amount each receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of individuals
with early serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided further,
That $200,000,000 shall be available until September 30, 2022 for
grants to communities and community organizations who meet criteria for
Certified Community Behavioral Health Clinics pursuant to section
223(a) of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to section
241 of such Act: Provided further, That of the funds made available
under this heading, $19,000,000 shall be to carry out section 224 of
the Protecting Access to Medicare Act of 2014 (Public Law 113-93; 42
U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,756,556,000: Provided, That $1,500,000,000
shall be for State Opioid Response Grants for carrying out activities
pertaining to opioids and stimulants undertaken by the State agency
responsible for administering the substance abuse prevention and
treatment block grant under subpart II of part B of title XIX of the
PHS Act (42 U.S.C. 300x-21 et seq.): Provided further, That of such
amount $50,000,000 shall be made available to Indian Tribes or tribal
organizations: Provided further, That 15 percent of the remaining
amount shall be for the States with the highest mortality rate related
to opioid use disorders: Provided further, That of the amounts
provided for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training, technical
assistance, and evaluation: Provided further, That of the amount not
reserved by the previous three provisos, the Secretary shall make
allocations to States, territories, and the District of Columbia
according to a formula using national survey results that the Secretary
determines are the most objective and reliable measure of drug use and
drug-related deaths: Provided further, That the Secretary shall submit
the formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 15 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall
be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $206,469,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2021: Provided further, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$338,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2020: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2021.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $273,188,478,000, to remain available until
expended.
For making, after May 31, 2020, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2020 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2021, $139,903,075,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$410,796,100,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2020 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That amounts available under this heading to support quality
improvement organizations (as defined in section 1152 of the Social
Security Act) shall not exceed the amount specifically provided for
such purpose under this heading in division H of the Consolidated
Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $786,000,000, to remain available through
September 30, 2021, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $610,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $93,000,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $83,000,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2020 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
and $475,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(C) of such Act: Provided further, That
the Secretary shall provide not less than $18,000,000 for the Senior
Medicare Patrol program to combat health care fraud and abuse from the
funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,890,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2021, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,740,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $2,988,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That all but $753,000,000 of the
amount appropriated under this heading shall be allocated as though the
total appropriation for such payments for fiscal year 2020 was less
than $1,975,000,000: Provided further, That, after applying all
applicable provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive an
allocation that is less than 97 percent of the amount that it received
under this heading for fiscal year 2019 from amounts appropriated in
Public Law 115-245 shall have its allocation increased to that 97
percent level, with the portions of other States' and territories'
allocations that would exceed 100 percent of the amounts they
respectively received in such fashion for fiscal year 2019 being
ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,908,201,000, of which $1,864,446,000 shall remain available through
September 30, 2022 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That not less
than $160,000,000 shall be used for legal services, child advocates,
and post-release services: Provided further, That the limitation in
section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,826,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$174,780,000 shall be for Indian tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
of 1981, the Child Care and Development Block Grant Act of 1990, the
Assets for Independence Act, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980, $12,876,652,000, of which $75,000,000, to remain available
through September 30, 2021, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2020: Provided, That
$10,613,095,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $193,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $100,000,000, in addition to funds otherwise available
under such section 640 for such purposes, shall be available
through March 31, 2021 for new grants to entities defined as
eligible under section 645A(d) of such Act for Early Head Start
programs as described in section 645A of such Act, conversion
of Head Start services to Early Head Start services as
described in section 645(a)(5)(A) of such Act, and high quality
infant and toddler care through Early Head Start-Child Care
Partnerships, and for training and technical assistance for
such activities;
(4) $250,000,000 shall be available for quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section (5);
(5) $4,000,000 shall be available for the purposes of re-
establishing the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such Act;
and
(6) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $275,000,000 shall be
available until December 31, 2020 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $770,383,000 shall be for
making payments under the CSBG Act: Provided further, That $30,383,000
shall be for section 680 of the CSBG Act, of which not less than
$20,383,000 shall be for section 680(a)(2) and not less than
$10,000,000 shall be for section 680(a)(3)(B) of such Act: Provided
further, That, notwithstanding section 675C(a)(3) of such Act, to the
extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under such Act, and
have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $175,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That
the percentages specified in section 112(a)(2) of the Child Abuse
Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and
Federal costs of administering the system: Provided further, That up
to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $92,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, to assist in meeting the requirements described in section
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory,
and Indian tribe operating title IV-E plans for developing, enhancing,
or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act, $10,000,000, in addition to funds otherwise
appropriated in section 436 for such purposes, shall be for competitive
grants to regional partnerships as described in section 437(f), and
$2,750,000, in addition to funds otherwise appropriated in section 476
for such purposes, for the Family First Clearinghouse: Provided
further, That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3 percent'', and
notwithstanding section 436(b)(1), such reserved amounts may be used
for identifying, establishing, and disseminating practices to meet the
criteria specified in section 471(e)(4)(C): Provided further, That the
reservation in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso: Provided
further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case
of tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,744,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2021,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act
of 1998, titles II and VII (and section 14 with respect to such titles)
of the Rehabilitation Act of 1973, and for Department-wide coordination
of policy and program activities that assist individuals with
disabilities, $2,171,000,000, together with $52,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$479,629,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $53,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $35,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in
the prevention, diagnosis, and treatment of kidney diseases (as
authorized by section 24 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3719)).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $191,881,000 shall remain available until
September 30, 2021, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,037,458,000, of which $561,700,000 shall remain
available through September 30, 2021, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2022.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $260,000,000; of which $225,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2020 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2020:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2021
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2021 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2021. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2022, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 231. (a) None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures made by
operational directives issued to providers by the Office of Refugee
Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019
regarding the Memorandum of Agreement on Information Sharing executed
April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make changes
to such operational directives upon making a determination that such
changes are necessary to prevent unaccompanied alien children from
being placed in danger, and the Secretary shall provide a written
justification to Congress and the Inspector General of the Department
of Health and Human Services in advance of implementing such changes.
(c) Within 15 days of the Secretary's communication of the
justification, the Inspector General of the Department of Health and
Human Services shall provide an assessment, in writing, to the
Secretary and to Committees on Appropriations of the House of
Representatives and the Senate of whether such changes to operational
directives are necessary to prevent unaccompanied children from being
placed in danger.
Sec. 232. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements,
as listed in Exhibit 1 of the Flores Settlement
Agreement that the Secretary determines are applicable
to non-State licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1) if
the Secretary certifies and provides a report to Congress on
the contractor's or grantee's good-faith efforts and progress
towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed facilities.
Sec. 233. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 234. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 235. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 236. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 229 of this Act at costs not in excess
of those paid for or reimbursed by the Department of Defense.
Sec. 237. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, in addition to any funds otherwise
made available for such purpose in this or subsequent fiscal years,
shall be available for buildings and facilities at the National
Institutes of Health.
Sec. 238. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $225,000,000, shall be available for acquisition
of real property, equipment, construction, demolition, installation,
renovation of facilities, and related infrastructure improvements for
the Centers for Disease Control and Prevention's Chamblee Campus.
Sec. 239. Of the funds provided under the heading ``CDC-Wide
Activities and Program Support'', $85,000,000, to remain available
until expended, shall be available to the Director of the CDC for
deposit in the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-245:
Provided, That such amount may be available for Ebola preparedness and
response activities without regard to the limitations in the third
proviso in such section 231.
(rescission)
Sec. 240. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $350,000,000 are hereby rescinded not later than September 30,
2020.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2020''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,996,790,000, of which
$6,077,990,000 shall become available on July 1, 2020, and shall remain
available through September 30, 2021, and of which $10,841,177,000
shall become available on October 1, 2020, and shall remain available
through September 30, 2021, for academic year 2020-2021: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2019, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $4,244,050,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $4,244,050,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $219,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $45,623,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,486,112,000,
of which $1,340,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $75,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 7003(a)
for school year 2019-2020, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,404,967,000, of which $3,575,402,000 shall become available on July
1, 2020, and remain available through September 30, 2021, and of which
$1,681,441,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021, for academic year 2020-
2021: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,249,673,000 shall be for part B of title IV:
Provided further, That $36,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related to
a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative
costs: Provided further, That $35,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That $52,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $185,840,000
shall be for part B of title V: Provided further, That $1,210,000,000
shall be available for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,739,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $7,365,000
shall be for subpart 3 of part A of title VI: Provided, That the 5
percent limitation in sections 6115(d), 6121(e), and 6133(g) of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,103,815,000: Provided, That $284,815,000
shall be for subparts 1, 3 and 4 of part B of title II and shall be
made available without regard to sections 2201, 2231(b) and 2241:
Provided further, That $629,000,000 shall be for parts C, D, and E and
subpart 4 of part F of title IV, and shall be made available without
regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use $60,000,000
to carry out section 4304, of which not more than $10,000,000 shall be
available to carry out section 4304(k), $140,000,000, to remain
available through March 31, 2021, to carry out section 4305(b), and not
more than $15,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$190,000,000 shall be available through December 31, 2020 for subpart 1
of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $210,000,000: Provided, That $105,000,000
shall be available for section 4631, of which up to $5,000,000, to
remain available until expended, shall be for the Project School
Emergency Response to Violence (Project SERV) program: Provided
further, That $25,000,000 shall be available for section 4625:
Provided further, That $80,000,000 shall be available through December
31, 2020, for section 4624, of which $6,000,000 shall be for additional
two-year extension awards to grantees that received such awards in
fiscal year 2018.
English Language Acquisition
For carrying out part A of title III of the ESEA, $787,400,000,
which shall become available on July 1, 2020, and shall remain
available through September 30, 2021, except that 6.5 percent of such
amount shall be available on October 1, 2019, and shall remain
available through September 30, 2021, to carry out activities under
section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,885,228,000, of which $4,352,129,000 shall become available on July
1, 2020, and shall remain available through September 30, 2021, and of
which $9,283,383,000 shall become available on October 1, 2020, and
shall remain available through September 30, 2021, for academic year
2020-2021: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2019, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2019: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each State in an
amount equal to the maximum amount described in section 643(e)(2)(B) of
such Act: Provided further, That if more than 5 States apply for
grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,747,739,000, of which $3,610,040,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2021.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $32,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $79,500,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $137,361,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,960,686,000, of which $1,169,686,000 shall become available on July
1, 2020, and shall remain available through September 30, 2021, and of
which $791,000,000 shall become available on October 1, 2020, and shall
remain available through September 30, 2021: Provided, That of the
amounts made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,520,352,000 which shall remain available
through September 30, 2021.
The maximum Pell Grant for which a student shall be eligible during
award year 2020-2021 shall be $5,285.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,768,943,000, to remain available through
September 30, 2021: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to October 1,
2017, the Secretary shall allow student loan borrowers who are
consolidating Federal student loans to select from any student loan
servicer to service their new consolidated student loan: Provided
further, That in order to promote accountability and high-quality
service to borrowers, the Secretary shall not award funding for any
contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the Federal Student Aid
(FSA) Next Generation Processing and Servicing Environment, unless such
an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-off with certain limited exceptions,
and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department
shall re-allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable laws,
including for failure to sufficiently inform borrowers of available
repayment options: Provided further, That such servicers shall be
evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That to the extent FSA
permits student loan servicing subcontracting, FSA shall hold prime
contractors accountable for meeting the requirements of the contract,
and the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall performance of
the prime contractor: Provided further, That FSA shall ensure that the
Next Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support to
borrowers at risk of delinquency or default: Provided further, That
FSA shall ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service levels; are
held accountable for and have a history of compliance with applicable
consumer protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education
and Labor of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to solicitations for Federal student loan
servicing contracts: Provided further, That FSA shall strengthen
transparency through expanded publication of aggregate data on student
loan and servicer performance.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,475,792,000, of which $24,500,000 shall remain available through
December 31, 2020: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government,
the professions, or international development: Provided further, That
of the funds referred to in the preceding proviso up to 1 percent may
be used for program evaluation, national outreach, and information
dissemination activities: Provided further, That up to 1.5 percent of
the funds made available under chapter 2 of subpart 2 of part A of
title IV of the HEA may be used for evaluation.
Howard University
For partial support of Howard University, $240,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2021: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $212,100,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That the loan has not been paid in full and is not paid in
full during the period of deferment: Provided further, That during the
period of deferment of such a loan, interest on the loan will not
accrue or be capitalized, and the period of deferment shall be for at
least a period of 3-fiscal years and not more than 6-fiscal years:
Provided further, That funds available under this paragraph shall be
used to fund eligible deferment requests submitted for this purpose in
fiscal year 2018: Provided further, That the Secretary shall create
and execute an outreach plan to work with States and the Capital
Financing Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be
determined by the Secretary of Education based on factors including,
but not limited to, equal to or greater than 5 percent of the school's
operating revenue relative to its annual debt service payment:
Provided, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not more
than 6-fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $623,462,000, which shall remain available through
September 30, 2021: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure in the
current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $130,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $63,000,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2020, through September 30, 2021.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2020 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2019'' and inserting ``2020''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2019'' and inserting ``2020''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the unobligated balances available under the heading
``Student Financial Assistance'' for carrying out subpart 1 of part A
of title IV of the HEA, $500,000,000 are hereby rescinded.
Sec. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(X) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(X)), $50,000,000 are hereby rescinded.
Sec. 310. The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq) is amended--(1) in the part heading for part B of
title IV, by inserting ``NITA M. LOWEY'' before ``21ST''; and (2) in
the table of contents of that Act, by striking the part heading for
part B of title IV and inserting the following: ``PART B--NITA M. LOWEY
21ST CENTURY COMMUNITY LEARNING CENTERS''.
Sec. 311. (a) In General.--For the purpose of carrying out 34 CFR
Sec. 668.206(a)(1), the Secretary of Education may waive the
requirements under 34 CFR Sec. 668.213(b)(1) for an institution of
higher education that offers an associate degree, is a public
institution, and is located in an economically distressed county,
defined as a county with a poverty rate of at least 25 percent based on
the U.S. Census Bureau's Small Area Income and Poverty Estimate program
data for 2017 that was impacted by Hurricane Matthew.
(b) Applicability.--Subsection (a) shall apply to an institution of
higher education that otherwise would be ineligible to participate in a
program under part D of title IV of the Higher Education Act of 1965 on
or after the date of enactment of this Act due to the application of 34
CFR Sec. 668.206(a)(1).
(c) Coverage.--This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
Sec. 312. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 313. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
Sec. 314. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary
of Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)), for borrowers of loans made under part D of title IV of such
Act who would qualify for loan cancellation under section 455(m) except
some, or all, of the 120 required payments under section 455(m)(1)(A)
do not qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under
section 455(g) and that were less than the amount calculated under
section 455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower applied for
loan cancellation as described in the matter preceding this proviso and
the most recent monthly payment made by the borrower at the time of
such application were each not less than the monthly amount that would
be calculated under, and for which the borrower would otherwise qualify
for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based
or income-contingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates
an unusual fluctuation of income over the past 5 years: Provided
further, That the total loan volume, including outstanding principal,
fees, capitalized interest, or accrued interest, at application that is
eligible for such loan cancellation by such borrowers shall not exceed
$75,000,000: Provided further, That the Secretary shall develop and
make available a simple method for borrowers to apply for loan
cancellation under this section within 60 days of enactment of this
Act: Provided further, That the Secretary shall provide loan
cancellation under this section to eligible borrowers on a first-come,
first-serve basis, based on the date of application and subject to both
the limitation on total loan volume at application for such loan
cancellation specified in the second proviso and the availability of
appropriations under this section: Provided further, That no borrower
may, for the same service, receive a reduction of loan obligations
under both this section and section 428J, 428K, 428L, or 460 of such
Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2020''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $10,000,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $806,529,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $17,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $32,500,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $208,342,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2020, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2022, $465,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$47,200,000, including up to $900,000 to remain available through
September 30, 2021, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$252,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,050,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $16,000,000,
which shall include amounts becoming available in fiscal year 2020
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2021, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $123,500,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management: Provided further, That $10,000,000, to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$41,714,889,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $101,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2022.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2021, $19,900,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,739,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,500,000 shall be for the Social Security Advisory
Board: Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That $100,000,000 shall remain
available through September 30, 2021, for activities to address the
disability hearings backlog within the Office of Hearings Operations:
Provided further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2020 not needed for fiscal
year 2020 shall remain available until expended to invest in the Social
Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment and
non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided
further, That the Commissioner of Social Security shall notify the
Committees on Appropriations of the House of Representatives and the
Senate prior to making unobligated balances available under the
authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures
for official time for employees of the Social Security Administration
pursuant to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the
Secretary of the Treasury, with interest, from amounts in the general
fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,582,000,000, to remain available through
March 31, 2021, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,309,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That, of the additional
new budget authority described in the preceding proviso, up to
$10,000,000 may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly operated co-
operative disability investigation units: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, That the Commissioner shall provide
to the Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $130,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2020 exceed $130,000,000, the amounts shall be available in
fiscal year 2021 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2020, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2020, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2020 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) or the fiscal year 2020 budget
request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2020, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any
of its affiliates, subsidiaries, allied organizations, or successors.
Sec. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2020'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2024'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31, and
section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 525. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2020, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 526. The Departments of Labor, Health and Human Services, or
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 527. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 528. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
(rescission)
Sec. 529. Of any available amounts appropriated under section
2104(a)(23) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2020, $3,169,819,000 are hereby
rescinded as of such date.
Sec. 530. Of amounts deposited in the Child Enrollment Contingency
Fund prior to the beginning of fiscal year 2020 under section
2104(n)(2) of the Social Security Act and the income derived from
investment of those funds pursuant to section 2104(n)(2)(C) of that
Act, $6,093,181,000 shall not be available for obligation in this
fiscal year.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2020''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $46,139,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,496,000 shall be available
for the Office of Homeland Security; not to exceed $6,211,000 shall be
available for the Office of Partnerships and Public Engagement, of
which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$22,251,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $21,376,000 shall be available
for Departmental Administration to provide for necessary expenses for
management support services to offices of the Department and for
general administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department:
Provided, That funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not to
exceed $3,869,000 shall be available for the Office of Assistant
Secretary for Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch; and
not to exceed $7,261,000 shall be available for the Office of
Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 5 percent: Provided further, That
not to exceed $22,000 of the amount made available under this paragraph
for the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration shall
be reimbursed from applicable appropriations in this Act for travel
expenses incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for Congressional
Relations and Intergovernmental Affairs may be transferred to agencies
of the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no funds made
available under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That of the funds made
available under this heading, funding shall be made available to the
Office of the Secretary to carry out the duties of the working group
established under section 770 of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2019 (Public Law 116-6; 133 Stat. 89): Provided further, That during
any 30 day notification period referenced in section 716 of this Act,
the Secretary of Agriculture, the Secretary of Health and Human
Services or the Chairman of the Commodity Futures Trading Commission,
(as the case may be) shall take no action to begin implementation of
the proposal or make any public announcement in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$24,013,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and Appeals,
$15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $66,580,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $901,000: Provided, That funds made available by this
Act to an agency in the Civil Rights mission area for salaries and
expenses are available to fund up to one administrative support staff
for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $128,167,000, to remain available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), $4,503,000, to remain available until
expended: Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be transferred to
any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.), $98,208,000, including such sums as
may be necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector General
Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the
Agriculture and Food Act of 1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $800,000: Provided, That funds
made available by this Act to an agency in the Research, Education, and
Economics mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$84,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $180,294,000, of which up to $45,300,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,414,366,000, of which $13,100,000, to remain available until
expended, shall be used for transition and equipment purchases for the
National Bio and Agro-Defense Facility located in Manhattan, Kansas:
Provided, That of the amounts available to the Agricultural Research
Service for the National Bio and Agro-Defense Facility, no funds may be
obligated above the amount provided for the facility in Public Law 116-
6 until the Secretary of Agriculture submits to the Committees on
Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees, a strategic
plan as required in House Report 116-107: Provided further, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder
shall be available pursuant to 7 U.S.C. 2250 for the construction,
alteration, and repair of buildings and improvements, but unless
otherwise provided, the cost of constructing any one building shall not
exceed $500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be constructed or
improved at a cost not to exceed $1,100,000 each, and except for two
buildings to be constructed at a cost not to exceed $3,000,000 each,
and the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the building
or $500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into lease
agreements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for use by
the Agricultural Research Service and a condition of the lease shall be
that any facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or termination
of the lease agreement: Provided further, That the limitations on
alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That appropriations hereunder shall be
available for granting easements at any Agricultural Research Service
location for the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion the
facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that acceptance of
the facility is in the interest of the United States: Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research project of
the Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $192,700,000
to remain available until expended, of which $166,900,000 shall be
allocated for ARS facilities co-located with university partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$962,864,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $526,557,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $38,000,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2021: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $800,000: Provided, That funds made
available by this Act to an agency in the Marketing and Regulatory
Programs mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$1,042,711,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones; of which
$37,857,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $1,000,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $62,840,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $192,013,000, to remain available until
expended, shall be for specialty crop pests; of which, $13,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for emergency
preparedness and response; of which $60,000,000, to remain available
until expended, shall be for tree and wood pests; of which $5,725,000,
to remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain available
until expended, shall be for the scrapie program for indemnities; of
which $2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended; of
which $20,800,000, to remain available until expended, shall be used to
carry out the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan, Kansas:
Provided further, That of the amounts available to the Animal and Plant
Health Inspection Service for the National Bio and Agro-Defense
Facility, no funds may be obligated above the amount provided for the
facility in Public Law 116-6 until the Secretary of Agriculture submits
to the Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees, a strategic plan as required in House Report 116-107:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for the purchase, replacement, operation, and maintenance of
aircraft: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of the
United States, the Secretary may transfer from other appropriations or
funds available to the agencies or corporations of the Department such
sums as may be deemed necessary, to be available only in such
emergencies for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the
Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be available
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
In fiscal year 2020, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 2268a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$186,936,000, of which $6,000,000 shall be available for the purposes
of section 12306 of Public Law 113-79: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building: Provided
further, That up to $4,454,000 of this appropriation may be used for
United States Warehouse Act activities to supplement amounts made
available by the United States Warehouse Act.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers
otherwise provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $800,000: Provided, That funds made available by this Act
to an agency in the Food Safety mission area for salaries and expenses
are available to fund up to one administrative support staff for the
Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $10,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,054,344,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2020 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided
further, That the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as further
clarified by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary for
Farm Production and Conservation, $901,000: Provided, That funds made
available by this Act to an agency in the Farm Production and
Conservation mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and Conservation
Business Center, $203,877,000: Provided, That $60,228,000 of amounts
appropriated for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,122,837,000,
of which not less than $35,000,000 shall be for the hiring of new
employees to fill vacancies at Farm Service Agency county offices and
farm loan officers and shall be available until September 30, 2021:
Provided, That not more than 50 percent of the funding made available
under this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the Committees
on Appropriations of both Houses of Congress, and receives written or
electronic notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment over
$25,000 (a) the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated lifecycle
cost for the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/investment is,
(a) consistent with the Farm Service Agency Information Technology
Roadmap, (b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the applicable
Department's capital planning and investment control requirements; and
(3) has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2020 to the Committees on
Appropriations and the Government Accountability Office, that
identifies for each project/investment that is operational (a) current
performance against key indicators of customer satisfaction, (b)
current performance of service level agreements or other technical
metrics, (c) current performance against a pre-established cost
baseline, (d) a detailed breakdown of current and planned spending on
operational enhancements or upgrades, and (e) an assessment of whether
the investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the Secretary
is authorized to use the services, facilities, and authorities (but not
the funds) of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further, That
other funds made available to the Agency for authorized activities may
be advanced to and merged with this account: Provided further, That
funds made available to county committees shall remain available until
expended: Provided further, That none of the funds available to the
Farm Service Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to the
Farm Service Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $5,545,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 5136), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
relending program (7 U.S.C. 1936c), and Indian highly fractionated land
loans (25 U.S.C. 5136) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm
ownership loans and $1,875,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans and
$1,550,133,000 for direct operating loans; emergency loans,
$37,668,000; Indian tribe land acquisition loans, $20,000,000;
guaranteed conservation loans, $150,000,000; relending program,
$18,215,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $58,440,000 for direct
farm operating loans, $20,972,000 for unsubsidized guaranteed farm
operating loans, emergency loans, $2,023,000; relending program,
$5,000,000; Indian highly fractionated land loans, $2,745,000; and
$60,000 for boll weevil eradication loans, to remain available until
expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $317,068,000: Provided, That of
this amount, $290,917,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and Expenses'':
Provided further, That of this amount $16,081,000 shall be transferred
to and merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $58,361,000:
Provided, That $2,000,000 shall be available for compliance and
integrity activities required under section 516(b)(2)(C) of the Federal
Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)) in addition to
other amounts provided: Provided further, That not to exceed $1,000
shall be available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$829,628,000, to remain available until September 30, 2021: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures, including
but not limited to surveys and investigations, engineering operations,
works of improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005
and 1007-1009) and in accordance with the provisions of laws relating
to the activities of the Department, $175,000,000, to remain available
until expended: Provided, That for funds provided by this Act or any
other prior Act, the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres in which
such activities can be undertaken shall only apply for activities
undertaken for the primary purpose of flood prevention (including
structural and land treatment measures): Provided further, That of the
amounts made available under this heading, $70,000,000 shall be
allocated to projects and activities that can commence promptly
following enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient irrigation
systems, fish and wildlife habitat, or watershed protection; or that
address authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78-534) with
a primary purpose of watershed protection by preventing floodwater
damage and stabilizing stream channels, tributaries, and banks to
reduce erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $10,000,000 is provided: Provided, That of the
amounts made available under this heading, $5,000,000 shall remain
available until expended for watershed rehabilitation projects in
states with high-hazard dams and other watershed structures and that
have recently incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $800,000: Provided, That funds made available by
this Act to an agency in the Rural Development mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of Rural Development programs, including activities with
institutions concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $247,835,000: Provided,
That notwithstanding any other provision of law, funds appropriated
under this heading may be used for advertising and promotional
activities that support Rural Development programs: Provided further,
That in addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $1,000,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
housing repair loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $90,000,000 shall be for
direct loans; section 504 housing repair loans, $4,679,000; section 523
self-help housing land development loans, $577,000; section 524 site
development loans, $546,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $12,144,000: Provided,
That to support the loan program level for section 538 guaranteed loans
made available under this heading the Secretary may charge or adjust
any fees to cover the projected cost of such loan guarantees pursuant
to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section 502
guaranteed loans provided under this heading: Provided further, That
of the amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program funded with
a mutual and self-help housing grant authorized by section 523 of the
Housing Act of 1949 until June 1, 2020: Provided further, That the
Secretary shall implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate the
acquisition of Rural Housing Service (RHS) multifamily housing
properties by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS multifamily
housing program for a period of time as determined by the Secretary,
with such incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to earn a
Return on Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a deal;
and allow reimbursement of organizational costs associated with owner's
oversight of asset referred to as ``Asset Management Fee'' of up to
$7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949 (42
U.S.C. 1484, 1486), $18,739,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) of the Housing Act of 1949 or
agreements entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of the
Housing Act of 1949, $1,375,000,000, of which $40,000,000 shall be
available until September 30, 2021; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided, That
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That upon request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew the rental
assistance agreement for a period of 20 years or until the term of such
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any debt
reduction; maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2020 for a
farm labor multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another project until
such assistance has remained unused for a period of 12 consecutive
months, if such project has a waiting list of tenants seeking such
assistance or the project has rental assistance eligible tenants who
are not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That except as
provided in the fourth proviso under this heading and notwithstanding
any other provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to fiscal year
2020 for a project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $60,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $32,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$28,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $45,000,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $49,000,000, to remain
available until expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $6,000,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $5,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $66,500,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$9,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.), the Northern Border Regional Commission (40
U.S.C. 15101 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,219,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$557,000 shall be available through June 30, 2020, for Federally
Recognized Native American Tribes; and of which $1,072,000 shall be
available through June 30, 2020, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $26,600,000, of which $2,800,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $15,000,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 210A of the Agricultural Marketing Act of 1946,
of which $3,000,000, to remain available until expended, shall be for
Agriculture Innovation Centers authorized pursuant to section 6402 of
Public Law 107-171.
rural microentrepreneur assistance program
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s): Provided, That such costs
of loans, including the cost of modifying such loans, shall be defined
in section 502 of the Congressional Budget Act of 1974.
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $706,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees and grants for rural
water, waste water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and
described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $659,480,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall
be available for the rural utilities program described in section 306E
of such Act: Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, That $68,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and section
306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be provided to a
consortium formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided for
section 306D of the Consolidated Farm and Rural Development Act may be
used by a consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided further,
That not to exceed $30,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $8,000,000
shall be made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with experience in
working with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural communities
with populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be for a
qualified national Native American organization to provide technical
assistance for rural water systems for tribal communities: Provided
further, That not to exceed $19,570,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That not to
exceed $4,000,000 shall be for solid waste management grants: Provided
further, That $10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any prior year balances for high-energy cost
grants authorized by section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available under
this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305, 306, and 317 of the Rural Electrification Act of 1936
(7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made
pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that
Act, rural electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A of that Act, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural telecommunications loans,
and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, design
and engineering or improvement of fossil-fueled electric generating
plants (whether new or existing) that utilize carbon subsurface
utilization and storage systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $3,795,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $33,270,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$11,179,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $2,000,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa et seq.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $800,000: Provided, That funds
made available by this Act to an agency in the Food, Nutrition and
Consumer Services mission area for salaries and expenses are available
to fund up to one administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $23,615,098,000 to remain available through September 30,
2021, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $18,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $14,999,000 shall be available to carry out studies and
evaluations and shall remain available until expended: Provided
further, That of the total amount available, $30,000,000 shall be
available to provide competitive grants to State agencies for subgrants
to local educational agencies and schools to purchase the equipment,
with a value of greater than $1,000, needed to serve healthier meals,
improve food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program: Provided
further, That of the total amount available, $35,000,000 shall remain
available until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111-80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010
through 2019'' and inserting ``2010 through 2021'': Provided further,
That section 9(h)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking
``For fiscal year 2019'' and inserting ``For fiscal year 2020'':
Provided further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the
first sentence by striking ``For fiscal year 2019'' and inserting ``For
fiscal year 2020''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2021: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $14,000,000 shall be used
for infrastructure: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act: Provided
further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $67,886,285,000, of which $3,000,000,000,
to remain available through September 30, 2022, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
nutrition education services to State agencies and Federally Recognized
Tribes participating in the Food Distribution Program on Indian
Reservations: Provided further, That this appropriation shall be
subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2021: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2021: Provided further, That none of
the funds made available under this heading may be obligated or
expended in contravention of section 213A of the Immigration and
Nationality Act (8 U.S.C. 1183A): Provided further, That funds made
available under this heading may be used to enter into contracts and
employ staff to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $344,248,000, to
remain available through September 30, 2021: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2020 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2021: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$155,891,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary for
Trade and Foreign Agricultural Affairs, $875,000: Provided, That funds
made available by this Act to any agency in the Trade and Foreign
Agricultural Affairs mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$4,775,000, including not to exceed $40,000 for official reception and
representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $215,513,000, of which no more than 6 percent shall
remain available until September 30, 2021, for overseas operations to
include the payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to
the agricultural food production assistance programs (7 U.S.C. 1737)
and the foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made available
for middle-income country training programs, funds made available for
the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural
Service appropriation solely for the purpose of offsetting fluctuations
in international currency exchange rates, subject to documentation by
the Foreign Agricultural Service, shall remain available until
expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $142,000, shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,725,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $220,000,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
not more than 10 percent, but not less than $20,000,000, shall remain
available until expended to purchase agricultural commodities as
described in subsection 3107(a)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,063,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $318,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; in addition to amounts appropriated
to the FDA Innovation Account, for carrying out the activities
described in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to exceed
$25,000; and notwithstanding section 521 of Public Law 107-188;
$5,772,442,000: Provided, That of the amount provided under this
heading, $1,074,714,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this
account and remain available until expended; $220,142,000 shall be
derived from medical device user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended;
$513,223,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $41,923,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C. 379j-
52, and shall be credited to this account and remain available until
expended; $30,611,000 shall be derived from animal drug user fees
authorized by 21 U.S.C. 379j-12, and shall be credited to this account
and remain available until expended; $20,151,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and
shall be credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees authorized
by 21 U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition to and
notwithstanding any other provision under this heading, amounts
collected for prescription drug user fees, medical device user fees,
human generic drug user fees, biosimilar biological product user fees,
animal drug user fees, and generic new animal drug user fees that
exceed the respective fiscal year 2020 limitations are appropriated and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal drug,
and generic new animal drug assessments for fiscal year 2020, including
any such fees collected prior to fiscal year 2020 but credited for
fiscal year 2020, shall be subject to the fiscal year 2020 limitations:
Provided further, That the Secretary may accept payment during fiscal
year 2020 of user fees specified under this heading and authorized for
fiscal year 2021, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2021 for which the Secretary
accepts payment in fiscal year 2020 shall not be included in amounts
under this heading: Provided further, That none of these funds shall
be used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total
amount appropriated: (1) $1,088,881,000 shall be for the Center for
Food Safety and Applied Nutrition and related field activities in the
Office of Regulatory Affairs, of which no less than $15,000,000 shall
be used for inspections of foreign seafood manufacturers and field
examinations of imported seafood; (2) $1,972,093,000 shall be for the
Center for Drug Evaluation and Research and related field activities in
the Office of Regulatory Affairs; (3) $419,302,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $237,741,000 shall
be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $581,761,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $66,712,000
shall be for the National Center for Toxicological Research; (7)
$661,739,000 shall be for the Center for Tobacco Products and for
related field activities in the Office of Regulatory Affairs; (8)
$186,399,000 shall be for Rent and Related activities, of which
$53,913,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (9) $239,717,000 shall
be for payments to the General Services Administration for rent; and
(10) $318,097,000 shall be for other activities, including the Office
of the Commissioner of Food and Drugs, the Office of Foods and
Veterinary Medicine, the Office of Medical and Tobacco Products, the
Office of Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not otherwise
provided for, as determined by the Commissioner: Provided further,
That any transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available under
this heading for ``other activities'', and that are not derived from
user fees, $1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and operations of the
Food and Drug Administration and shall be in addition to funds
otherwise made available for oversight of the Food and Drug
Administration: Provided further, That funds may be transferred from
one specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and inspection fees
authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees
authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority
review voucher user fees authorized by 21 U.S.C. 360bbb-4a, and,
contingent upon the enactment of the Over-the-Counter Monograph User
Fee Act of 2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of Chapter VII of the Federal
Food, Drug and Cosmetic Act shall be credited to this account, to
remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise
provided, $11,788,000, to remain available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described under
section 1002(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes under the heading ``Salaries and
Expenses'', $75,000,000, to remain available until expended: Provided,
That amounts appropriated in this paragraph are appropriated pursuant
to section 1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such Act, and
may be transferred by the Commissioner of Food and Drugs to the
appropriation for ``Department of Health and Human Services Food and
Drug Administration Salaries and Expenses'' solely for the purposes
provided in such Act: Provided further, That upon a determination by
the Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $284,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$20,000,000 shall remain available until September 30, 2021, and of
which not less than $3,200,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
In addition, for move, replication, and related costs associated
with replacement leases for the Commission's facilities, not to exceed
$31,000,000, to remain available until expended.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $77,000,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further, That the
purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an
amount in its sole discretion, from the application of the limitation
provided in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in subclause
(II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made available
to the Department of Agriculture in this Act to purchase new passenger
motor vehicles, in addition to specific appropriations for this
purpose, so long as the total number of vehicles purchased in fiscal
year 2020 does not exceed the number of vehicles owned or leased in
fiscal year 2018: Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety: Provided further,
That the Secretary may not increase the Department of Agriculture's
fleet above the 2018 level unless the Secretary notifies in writing,
and receives approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 716 of this Act: Provided
further, That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop, implement, or
make any changes to remove or relocate any systems, missions, or
functions of the offices of the Chief Financial Officer or any
personnel from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations
of both Houses of Congress and in accordance with the requirements of
section 716 of this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer shall
actively market to existing and new Departments and other government
agencies National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital shared
services and allow the National Finance Center to perform technology
upgrades: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture attributable to
the amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National Finance
Center, the Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement, delivery, and implementation of financial,
administrative, and information technology services, and other systems
of the National Finance Center or to pay any unforeseen, extraordinary
cost of the National Finance Center: Provided further, That none of
the amounts reserved shall be available for obligation unless the
Secretary submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress: Provided
further, That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under such Act.
Sec. 709. (a) Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2021, for
information technology expenses.
(b) Except as otherwise specifically provided by law, not more than
$20,000,000 in unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development mission
area shall remain available through September 30, 2021, for information
technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79) or by a successor to
that Act, other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in that Act,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments and
fund transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,900,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as
``section 14222''), none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to
as ``section 32'') in excess of $1,331,725,000 (exclusive of carryover
appropriations from prior fiscal years), as follows: Child Nutrition
Programs Entitlement Commodities--$485,000,000; State Option
Contracts--$5,000,000; Removal of Defective Commodities--$2,500,000;
Administration of Section 32 Commodity Purchases--$35,853,000:
Provided, That of the total funds made available in the matter
preceding this proviso that remain unobligated on October 1, 2020, such
unobligated balances shall carryover into fiscal year 2021 and shall
remain available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with clause (3)
of section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both Houses of
Congress at least two weeks in advance: Provided further, That, with
the exception of any available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available by this
or any other Act shall be used to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause (3) of
section 32.
Sec. 715. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2021 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds or the use
of such authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives approval
from the Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming or transfer of such funds
or the use of such authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity
Futures Trading Commission, or the Secretary of Health and Human
Services shall notify in writing and receive approval from the
Committees on Appropriations of both Houses of Congress before
implementing any program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Chairman of the
Commodity Futures Trading Commission, or the Secretary of Health and
Human Services receives from the Committee on Appropriations of both
Houses of Congress written or electronic mail confirmation of receipt
of the notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 721. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 722. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 723. Of the unobligated balances from amounts made available
for the supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,000,000,000 are
hereby rescinded.
Sec. 724. The Secretary shall continue an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall continue agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 725. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 726. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the
Department of Agriculture.
Sec. 727. None of the funds made available by this Act may be used
to implement, administer, or enforce the ``variety'' requirements of
the final rule entitled ``Enhancing Retailer Standards in the
Supplemental Nutrition Assistance Program (SNAP)'' published by the
Department of Agriculture in the Federal Register on December 15, 2016
(81 Fed. Reg. 90675) until the Secretary of Agriculture amends the
definition of the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
``variety'' as applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal Regulations, to
increase the number of items that qualify as acceptable varieties in
each staple food category so that the total number of such items in
each staple food category exceeds the number of such items in each
staple food category included in the final rule as published on
December 15, 2016: Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to Supplemental
Nutrition Assistance Program retailers that were in effect on the day
before the date of the enactment of the Agricultural Act of 2014
(Public Law 113-79).
Sec. 728. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 729. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 730. None of the funds made available by this or any other
Act may be used to carry out the final rule promulgated by the Food and
Drug Administration and put into effect November 16, 2015, in regards
to the hazard analysis and risk-based preventive control requirements
of the current good manufacturing practice, hazard analysis, and risk-
based preventive controls for food for animals rule with respect to the
regulation of the production, distribution, sale, or receipt of dried
spent grain byproducts of the alcoholic beverage production process.
Sec. 731. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator, are in place to ensure that emergency
food aid is received by the intended beneficiaries in areas affected by
food shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 732. There is hereby appropriated $12,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary may allow eligible entities, or comparable entities
that provide energy efficiency services using their own billing
mechanism to offer loans to customers in any part of their service
territory and to offer loans to replace a manufactured housing unit
with another manufactured housing unit, if replacement would be more
cost effective in saving energy.
Sec. 733. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 734. No food that bears or contains partially hydrogenated
oils (as defined in the order published by the Food and Drug
Administration in the Federal Register on June 17, 2015 (80 Fed. Reg.
34650 et seq.)) shall be considered to be adulterated within the
meaning of subsection (a)(1) or (a)(2)(C)(i) of section 402 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because such
food contains such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on May 21,
2018 (83 Fed. Reg. 23358 et seq.).
Sec. 735. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 736. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C.
1926 et seq.) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water or wastewater
system unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products'' means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Secretary of Agriculture (in this section referred to as
the ``Secretary'') or the designee of the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for a
waiver under this section, the Secretary or the designee shall make
available to the public on an informal basis a copy of the request and
information available to the Secretary or the designee concerning the
request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and accompanying
information available by electronic means, including on the official
public Internet Web site of the Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' for carrying out the provisions
described in subsection (a)(1) for management and oversight of the
requirements of this section.
(f) Subsection (a) shall not apply with respect to a project for
which the engineering plans and specifications include use of iron and
steel products otherwise prohibited by such subsection if the plans and
specifications have received required approvals from State agencies
prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ``United States'' and
``State'' shall include each of the several States, the District of
Columbia, and each federally recognized Indian tribe.
Sec. 737. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 738. None of the funds made available by this Act may be used
to procure raw or processed poultry products imported into the United
States from the People's Republic of China for use in the school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the Child and Adult Care Food Program under
section 17 of such Act (42 U.S.C. 1766), the Summer Food Service
Program for Children under section 13 of such Act (42 U.S.C. 1761), or
the school breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 739. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 740. Of the total amounts made available by this Act for
direct loans and grants in section 732 and in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help Housing
Grants''; ``Rural Housing Service--Rural Housing Assistance Grants'';
``Rural Housing Service--Rural Community Facilities Program Account'';
``Rural Business-Cooperative Service--Rural Business Program Account'';
``Rural Business-Cooperative Service--Rural Economic Development Loans
Program Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Utilities Service--Rural
Water and Waste Disposal Program Account''; ``Rural Utilities Service--
Rural Electrification and Telecommunications Loans Program Account'';
and ``Rural Utilities Service--Distance Learning, Telemedicine, and
Broadband Program'', to the maximum extent feasible, at least 10
percent of the funds shall be allocated for assistance in persistent
poverty counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed
the authorized population limit by more than 10 percent: Provided,
That for purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured by the
1990 and 2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the United
States: Provided further, That with respect to specific activities for
which program levels have been made available by this Act that are not
supported by budget authority, the requirements of this section shall
be applied to such program level.
Sec. 741. (a) No funds shall be used to finalize the proposed rule
entitled ``Eligibility of the People's Republic of China (PRC) to
Export to the United States Poultry Products from Birds Slaughtered in
the PRC'' published in the Federal Register by the Department of
Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary
of Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition of
such products, for the proper certification and labeling of
such products, and for any damage to such products that may
have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to which the
United States is a party.
Sec. 742. In addition to any other funds made available in this
Act or any other Act, there is appropriated $9,000,000 to carry out
section 18(g)(8) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)), to remain available until expended.
Sec. 743. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of 2014,
for necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to create and
preserve quality jobs, and to revitalize low-income communities.
Sec. 744. For an additional amount for ``Animal and Plant Health
Inspection Service--Salaries and Expenses'', $8,500,000, to remain
available until September 30, 2021, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 745. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 746. None of the funds made available by this or any other
Act may be used to enforce the final rule promulgated by the Food and
Drug Administration entitled ``Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption,'' and published
on November 27, 2015, with respect to the regulation of entities that
grow, harvest, pack, or hold wine grapes, hops, pulse crops, or
almonds.
Sec. 747. For school year 2020-2021, only a school food authority
that had a negative balance in the nonprofit school food service
account as of December 31, 2019, shall be required to establish a price
for paid lunches in accordance with Section 12(p) of the Richard B.
Russell National School Lunch Act, 42 U.S.C. 1760(p).
Sec. 748. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
Sec. 749. For school years 2019-2020 and 2020-2021, none of the
funds made available by this Act may be used to implement or enforce
the matter following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child Nutrition
Act of 1966 (42 U.S.C. 1773).
Sec. 750. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014 or Subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which the
hemp is grown or cultivated.
Sec. 751. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall, not
later than July 1, 2020, and following the review required under
Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug Administration;
Revised Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net effects of
seafood consumption.
Sec. 752. In addition to any funds made available in this Act or
any other Act, there is hereby appropriated $6,000,000, to remain
available until September 30, 2021, for grants from the National
Institute of Food and Agriculture to the 1890 Institutions to support
the Centers of Excellence.
Sec. 753. There is hereby appropriated $1,000,000 for the
Secretary of Agriculture to carry out a pilot program that assists
rural hospitals to improve long-term operations and financial health by
providing technical assistance through analysis of current hospital
management practices.
Sec. 754. There is hereby appropriated $2,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 755. There is hereby appropriated $2,000,000 to carry out
section 1621 of Public Law 110-246.
Sec. 756. Not later than 180 days after the date of the enactment
of this Act, the Secretary of Agriculture shall issue a final rule
based on the proposed rule entitled ``National Organic Program; Origin
of Livestock,'' published in the Federal Register on April 28, 2015 (80
Fed. Reg. 23455): Provided, That the final rule shall incorporate
public comments submitted in response to the proposed rule.
Sec. 757. There is hereby appropriated $3,000,000, to remain
available until September 30, 2021, to carry out section 4003(b) of
Public Law 115-334 relating to demonstration projects for Tribal
Organizations.
Sec. 758. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry inventory
analysis, forest management and economic outcomes modelling for certain
currently enrolled Conservation Reserve Program participants. The
Secretary shall allow the Commodity Credit Corporation to enter into
agreements with and provide grants to qualified non-profit
organizations dedicated to conservation, forestry and wildlife
habitats, that also have experience in conducting accurate forest
inventory analysis through the use of advanced, cost-effective
technology. The Secretary shall focus the analysis on lands enrolled
for at least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices devoted to
multiple bottomland hardwood tree species including CP03, CP03A, CP11,
CP22, CP31 and CP40.
Sec. 759. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 760. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2020, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 761. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 762. The Secretary of Agriculture may waive the matching
funds requirement under Section 412(g) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).
Sec. 763. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 23 of the
Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $1,000,000 shall
be for grants under such section to the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, Guam, and American Samoa.
Sec. 764. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary to
provide grants to qualified non-profit organizations and public housing
authorities to provide technical assistance, including financial and
legal services, to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas where the
Secretary determines a risk of loss of affordable housing, by non-
profit housing organizations and public housing authorities as
authorized by law that commit to keep such properties in the RHS multi-
family housing program for a period of time as determined by the
Secretary.
Sec. 765. Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended in subsection (a) by striking ``made by the
Secretary'' and inserting ``made or guaranteed by the Secretary''.
Sec. 766. The National Bio and Agro-Defense Facility shall be
transferred without reimbursement from the Secretary of Homeland
Security to the Secretary of Agriculture.
Sec. 767. Any funds made available by this or any other Act that
the Secretary withholds pursuant to section 1668(g)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)),
as amended, shall be available for grants for biotechnology risk
assessment research: Provided, That the Secretary may transfer such
funds to appropriations of the Department of Agriculture.
Sec. 768. There is hereby appropriated $5,000,000 to carry out
section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302
of Public Law 115-334.
Sec. 769. There is hereby appropriated $400,000 to carry out
section 224 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115-334.
Sec. 770. There is hereby appropriated $1,000,000, to remain
available until September 30, 2021, to carry out section 4208 of Public
Law 115-334.
Sec. 771. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
Public Law 115-334.
Sec. 772. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334.
Sec. 773. There is hereby appropriated $5,000,000 to carry out
section 1450 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
of Public Law 115-334.
Sec. 774. There is hereby appropriated $1,000,000 to carry out
section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
Sec. 775. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 776. There is hereby appropriated $6,000,000 for the purposes
described in the paragraph entitled ``Nutrition Assistance Program
(NAP) Study'' under the Supplemental Nutrition Assistance Program
included in House Report 116-107, of which $4,000,000 shall be for the
Secretary to update the Feasibility Report, and of which $2,000,000
shall be for Puerto Rico for technology requirements: Provided, That
the reports detailed in House Report 116-107 shall be due not later
than December 31, 2020.
Sec. 777. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 4206 of Public
Law 115-334.
Sec. 778. There is hereby appropriated $20,000,000, to remain
available until expended, to carry out section 12513 of Public Law 115-
334: Provided, That the Secretary shall take measures to ensure an
equal distribution of funds between the three regional innovation
initiatives.
Sec. 779. There is hereby appropriated $5,000,000, to remain
available until September 30, 2021, to carry out section 2103 of Public
Law 115-334.
Sec. 780. There is hereby appropriated $20,000,000, for an
additional amount for ``Department of Health and Human Services--Food
and Drug Administration--Buildings and Facilities'' to remain available
until expended and in addition to amounts otherwise made available for
such purposes, for necessary expenses of plans, construction, repair,
improvement, extension, alteration, demolition and purchase of fixed
equipment or facilities of or used by FDA for seafood safety.
Sec. 781. There is hereby appropriated $5,000,000 to remain
available until September 30, 2021, to carry out section 6424 of Public
Law 115-334.
Sec. 782. Of the unobligated balances from amounts made available
to carry out section 749 of Division A of Public Law 115-31 and section
739 of Division A of Public Law 115-141, $15,073,000 are rescinded.
Sec. 783. In addition to amounts otherwise made available by this
or any other Act, there is hereby appropriated $5,000,000, to remain
available until expended, to the Secretary for a pilot program to
provide grants to a regional consortium to fund technical assistance
and construction of regional wastewater systems for historically
impoverished communities that have had difficulty in installing
traditional wastewater treatment systems due to soil conditions.
Sec. 784. Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(i)(2)) is amended by striking ``for a period'' and all that
follows through ``2018'' and inserting ``prior to December 31, 2020''.
Sec. 785. Not later than 60 days after enactment of this Act, the
Commissioner of the Food and Drug Administration shall issue a request
for information to determine the next steps that will address the
recent pulmonary illnesses reported to be associated with the use of e-
cigarettes and vaping products. As part of such request for
information, the Commissioner shall request public comment on product
design and how to prevent consumers from modifying or adding any
substances to these products that are not intended by the manufacturer:
Provided, That the Food and Drug Administration shall provide an
update to the Committee on Appropriations on a quarterly basis.
Sec. 786. (a) In the matter preceding the first proviso under the
heading ``Supplemental Nutrition Assistance Program'' in the
Consolidated Appropriations Act, 2018 (Public Law 115-141), strike
``December 31, 2019'' and insert ``September 30, 2020''.
(b) In the matter preceding the first proviso under the heading
``Supplemental Nutrition Assistance Program'' in the Consolidated
Appropriations Act, 2019 (Public Law 116-6), strike ``December 31,
2020'' and insert ``September 30, 2021''.
Sec. 787. (a) There is hereby appropriated $300,000,000, to remain
available until expended, for an additional amount for section 779 of
Public Law 115-141.
(b) Section 313(b) of the Rural Electrification Act of 1936, as
amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2020 and
each fiscal year thereafter until the specified funding has been
expended as if the following were inserted after the final period in
subsection (b)(2): ``In addition, the Secretary shall use $425,000,000
of funds available in this subaccount in fiscal year 2019 for an
additional amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law 115-141
and shall use $255,000,000 of funds available in this subaccount in
fiscal year 2020 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by section
779 of Public Law 115-141: Provided, That any use of such funds shall
be treated as a reprogramming of funds under section 716 of this
Act.''.
(c) Section 762(b) of division B of Public Law 116-6 shall no
longer apply.
Sec. 788. The Animal and Plant Health Inspection Service shall,
notwithstanding any other provision of law:
(a) within 60 calendar days, restore on its website the searchable
database and its contents that were available on January 30, 2017, and
all content generated since that date; and
(b) hereafter, make publicly available via searchable database, in
their entirety without redactions except signatures, the following
records after enactment of this Act for a subsequent period of three
years:
(1) all final Animal Welfare Act inspection reports,
including all reports documenting all Animal Welfare Act non-
compliances observed by USDA officials and all animal
inventories;
(2) all final Animal Welfare Act and Horse Protection Act
enforcement records;
(3) all reports or other materials documenting any non-
compliances observed by USDA officials; and
(4) within six months of receipt by the agency, all final
Animal Welfare Act research facility annual reports, including
their attachments with appropriate redactions made for
confidential business information that USDA could withhold
under FOIA Exemption 4.
Sec. 789. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
agency from the mission area in which it was located on August 1, 2018,
to any other mission area or office within the Department in the
absence of the enactment of specific legislation affirming such move.
Sec. 790. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior to the
effective date of the National Bioengineered Food Disclosure Standard
(February 19, 2019) shall include the words ``genetically engineered''
prior to the existing acceptable market name.
Sec. 791. (a) The remaining unobligated balances of funds made
available under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Bipartisan Budget Act of 2018 (Public Law 115-123) are hereby
rescinded: Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant to that
section of that Act.
(b) In addition to amounts otherwise made available by this Act for
``Department of Agriculture--Agricultural Programs--Processing,
Research and Marketing--Office of the Secretary'', there is
appropriated for an additional amount for fiscal year 2020, to remain
available until December 30, 2021, an amount equal to the unobligated
balances rescinded pursuant to subsection (a), for the same purposes
and under the same authorities and conditions as the funds made
available under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Additional Supplemental Appropriations for Disaster Relief Act
of 2019 (Public Law 116-20), as amended by this section: Provided,
That, in addition to the purposes specified in the matter preceding the
first proviso under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--Office of
the Secretary'' in the Additional Supplemental Appropriations for
Disaster Relief Act of 2019 (Public Law 116-20), as amended by this
section, such amounts shall also be available for quality losses of
crops, drought, and excessive moisture: Provided further, That losses
due to drought shall only be eligible under this subsection if any area
within the county in which the loss occurs was rated by the U.S.
Drought Monitor as having a D3 (Extreme Drought) or higher level of
drought intensity during the applicable calendar years: Provided
further, That the Secretary may use the amounts provided under this
subsection, under the same authorities and conditions as the funds made
available under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the Secretary''
in the Bipartisan Budget Act of 2018 (Public Law 115-123), to continue
to pay for losses due to Tropical Storm Cindy, and peaches and
blueberries due to freeze in 2017 and blueberry productivity losses in
2018: Provided further, That the Secretary shall use the amounts
provided under this subsection, under the same authorities and
conditions as the funds made available under the heading ``Department
of Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Bipartisan Budget Act of
2018 (Public Law 115-123), to make payments for vine losses that were
eligible for, but did not receive, payments under that heading in that
Act: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(c) Title I of the Additional Supplemental Appropriations for
Disaster Relief Act, 2019 (Public Law 116-20), as amended by section
116 of the Continuing Appropriations Act, 2020 (Public Law 116-59), is
further amended in the first proviso under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' by striking ``may provide'' and
inserting ``, in addition to the amount announced on November 8, 2019,
shall provide not less than $400,000,000 in'' , and by adding the
following before the final proviso under that heading: ``Provided
further, That the Secretary shall pay all sugar beet losses in 2018 and
2019 through cooperative processors (to be paid to producer members as
determined by such processors) using the additional coverage level
described in section 508(e)(2)(E) of the Federal Crop Insurance Act of
1938 (7 U.S.C. 1508(e)(2)(E)) for purposes of determining the Wildfire
Hurricane Indemnity Program Plus factor (as defined in section 760.1502
of title 7, Code of Federal Regulations (or successor regulations):'':
Provided, That amounts repurposed pursuant to this subsection that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(d) No later than December 31, 2020, the remaining unobligated
balances of funds made available under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116-20) are
hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded is hereby appropriated, to
remain available until December 30, 2021, in addition to other funds as
may be available for such purposes, for the same purposes and under the
same authorities and conditions as the funds made available in
subsection (b): Provided, That the amounts rescinded pursuant to this
subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant to that
section of that Act: Provided further, That the amount of additional
new budget authority made available pursuant to this subsection is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 792. For an additional amount for ``Department of Health and
Human Services--Office of the Secretary--Public Health and Social
Services Emergency Fund'' for purchase of vaccines, therapeutics, and
diagnostics for the prevention and treatment of Ebola, $535,000,000, to
remain available until September 30, 2024: Provided, That products
purchased with funds provided under this section may, at the discretion
of the Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the PHS Act:
Provided further, That sections 319C-1(h)(3) and 319C-2(h) of the PHS
Act shall not apply to funds provided under this section: Provided
further, That funds provided under this section may be used for the
purposes specified in this section or authorized under section 319F-4
of the PHS Act: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2020''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2020
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $151,000,000, to
remain available until expended: Provided, That the Secretary shall
initiate six new study starts during fiscal year 2020: Provided
further, That the Secretary shall not deviate from the new starts
proposed in the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,681,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects, except for Chickamauga Lock,
Tennessee River, Tennessee, which shall be 35 percent during the fiscal
year covered by this Act, shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided, That the Secretary shall initiate six new construction starts
during fiscal year 2020: Provided further, That for new construction
projects, project cost sharing agreements shall be executed as soon as
practicable but no later than December 31, 2020: Provided further,
That no allocation for a new start shall be considered final and no
work allowance shall be made until the Secretary provides to the
Committees on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected new
starts and the impacts on other projects: Provided further, That the
Secretary may not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $375,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,790,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $210,000,000, to remain
available until September 30, 2021.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $200,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $203,000,000, to remain available until September 30, 2021, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2021: Provided, That not more than 75
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress the report required under section 101(d) of this Act and a
work plan that allocates at least 95 percent of the additional funding
provided under each heading in this title, as designated under such
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), to specific
programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2020, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the Committees
on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed:
Provided, That for a base level less than $2,000,000, the
reprogramming limit is $300,000: Provided further, That up to
$3,000,000 may be reprogrammed for settled contractor claims,
changed conditions, or real estate deficiency judgments:
Provided further, That up to $300,000 may be reprogrammed into
any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up
to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the Committees on Appropriations
of both Houses of Congress.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the Committees on Appropriations
of both Houses of Congress to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $20,000,000, to remain available until expended, of
which $1,800,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,500,000 shall be available until
September 30, 2021, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2020, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,512,151,000, to remain available until expended, of
which $69,932,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,023,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That $10,000,000 shall be available for transfer into the
Blackfeet Water Settlement Implementation Fund established by section
3717 of Public Law 114-322: Provided further, That the unobligated
balances in ``Water and Related Resources'' for the Blackfeet Water
Rights Settlement Act may be transferred to the Blackfeet Water
Settlement Implementation Fund account: Provided further, That such
transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That within
available funds, $250,000 shall be for grants and financial assistance
for educational activities: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until expended
for the same purposes as the sums appropriated under this heading:
Provided further, That of the amounts provided herein, funds may be
used for high-priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further,
That of the amounts made available under this heading, $4,000,000 shall
be for one payment for deferred construction funding to the Navajo
Nation to fulfill the construction obligations described in section
15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585), as amended by the Colorado Ute Settlement Act
Amendments of 2000 (Public Law 106-554), and to complete the
commissioning and title transfer of the Navajo Nation Municipal
Pipeline: Provided further, That in accordance with section 4009(c) of
Public Law 114-322, and as recommended by the Secretary in a letter
dated February 13, 2019, funding provided for such purpose in fiscal
year 2018 shall be made available to the Expanding Recycled Water
Delivery Project (VenturaWaterPure), the Pure Water Monterey
Groundwater Replenishment Project, the Groundwater Reliability
Improvement Program (GRIP) Recycled Water Project, the North Valley
Regional Recycled Water Program, the South Sacramento County
Agriculture and Habitat Lands Recycled Water Program, and the Central
Coast Blue project: Provided further, That in accordance with section
4007 of Public Law 114-322, and as recommended by the Secretary in a
letter dated February 13, 2019, funding provided for such purpose in
fiscal years 2017 and 2018 shall be made available to the Cle Elum Pool
Raise, the Boise River Basin Feasibility Study, the Del Puerto Water
District, the Los Vaqueros Reservoir Phase 2 Expansion Project, the
North-of-the Delta Off stream Storage (Sites Reservoir Project), and
the Friant-Kern Canal Capacity Correction Resulting Subsidence:
Provided further, That in accordance with section 4009(a) of Public Law
114-322, and as recommended by the Secretary in a letter dated February
13, 2019, funding provided for such purpose in fiscal years 2017 and
2018 shall be made available to the Doheny Ocean Desalination Project,
the Kay Bailey Hutchison Desalination Plant, the North Pleasant Valley
Desalter Facility, and the Mission Basin Groundwater Purification
Facility Well Expansion and Brine Minimization.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $54,849,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2021, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous or subsequent
appropriations Acts to the agencies or entities funded in title II of
this Act for Water and Related Resources that remain available for
obligation or expenditure in fiscal year 2020, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of both Houses of Congress
detailing all the funds reprogrammed between programs, projects,
activities, or categories of funding. The first quarterly report shall
be submitted not later than 60 days after the date of enactment of this
Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
``$480,000,000'' and inserting ``$530,000,000''.
Sec. 204. Title I of Public Law 108-361 (the CALFED Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of
Public Law 114-322, is amended by striking ``2019'' each place it
appears and inserting ``2020''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) is amended by striking ``2019'' and
inserting ``2020''.
Sec. 206. The Claims Resolution Act of 2010 (Public Law 111-291)
is amended--
(1) in section 309(d), by striking ``2021'' each place it
appears and inserting ``2023''; and
(2) in section 311(h), by striking ``2021'' and inserting
``2023''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,848,000,000, to
remain available until expended: Provided, That of such amount,
$165,000,000 shall be available until September 30, 2021, for program
direction: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $58,000,000 is
hereby rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $156,000,000, to remain available until expended: Provided,
That of such amount, $13,000,000 shall be available until September 30,
2021, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $190,000,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be
available until September 30, 2021, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,493,408,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2021, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $750,000,000, to remain available until expended: Provided,
That of such amount $61,500,000 shall be available until September 30,
2021, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $195,000,000, to remain available until expended:
Provided, That, as authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $450,000,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2020: Provided
further, That the proceeds from such drawdown and sale shall be
deposited into the ``Energy Security and Infrastructure Modernization
Fund'' during fiscal year 2020: Provided further, That such amounts
shall be made available and shall remain available until expended for
necessary expenses to carry out the Life Extension II project for the
Strategic Petroleum Reserve.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $10,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $126,800,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $319,200,000, to remain available until
expended: Provided, That $200,000 of the funds provided are for
community support.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$881,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$5,250,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 33 passenger motor vehicles
including one bus, $7,000,000,000, to remain available until expended:
Provided, That of such amount, $186,300,000 shall be available until
September 30, 2021, for program direction.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $425,000,000, to remain available until expended:
Provided, That of such amount, $35,000,000 shall be available until
September 30, 2021, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
remain available until September 30, 2021: Provided further, That up
to $32,000,000 of fees collected in fiscal year 2020 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2021: Provided further, That to the
extent that fees collected in fiscal year 2020 exceed $32,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2020 (estimated at
$3,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2020 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2021.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2021.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $22,000,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$5,000,000 shall be available until September 30, 2021, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$254,378,000, to remain available until September 30, 2021, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2020 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation from the general fund estimated at not more than
$161,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$54,215,000, to remain available until September 30, 2021.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance for replacement only, $12,457,097,000, to
remain available until expended: Provided, That of such amount,
$107,660,000 shall be available until September 30, 2021, for program
direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed two aircraft, $2,164,400,000, to remain available until
expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,648,396,000,
to remain available until expended, of which, $88,500,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $50,500,000 shall be available until September 30, 2021, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $434,699,000, to remain
available until September 30, 2021, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $6,255,000,000, to
remain available until expended: Provided, That of such amount,
$281,119,000 shall be available until September 30, 2021, for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than one passenger motor vehicle,
$906,000,000, to remain available until expended: Provided, That of
such amount, $328,917,000 shall be available until September 30, 2021,
for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Steigerwald Floodplain Restoration Project and, in addition, for
official reception and representation expenses in an amount not to
exceed $5,000: Provided, That during fiscal year 2020, no new direct
loan obligations may be made: Provided further, Expenditures from the
Bonneville Power Administration Fund, established pursuant to Public
Law 93-454 are authorized and approved, without fiscal year limitation,
for the cost of current and future year purchases or payments of
emissions expenses associated with Bonneville Power Administration
power and transmission operations in states with clean energy programs:
Provided further, This expenditure authorization is limited solely to
Bonneville Power Administration's voluntary purchase or payments made
in conjunction with state clean energy programs and is not a broader
waiver of Bonneville Power Administration's sovereign immunity.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,597,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,597,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2020 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$56,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,775,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,375,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $43,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(including rescission of funds)
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $262,959,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $262,959,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $173,587,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2020 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $227,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses): Provided further,
That of the unobligated balances from prior year appropriations
available under this heading, $176,000 is hereby permanently cancelled.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $3,160,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $2,932,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2020 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2020, the
Administrator of the Western Area Power Administration may accept up to
$1,187,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $382,000,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $382,000,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2020 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2020 so as to result in a
final fiscal year 2020 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescission of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify,
and obtain the prior approval of, the Committees on Appropriations of
both Houses of Congress at least 30 days prior to the use of any
proposed reprogramming that would cause any program, project, or
activity funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered by
this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2020 until the enactment of the Intelligence
Authorization Act for fiscal year 2020.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 306. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 307. Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred
to the ``Department of Interior--Bureau of Reclamation--Upper Colorado
River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
Sec. 308. (a) Of the unobligated balances available from amounts
appropriated in prior Acts under the heading ``Title III--Department of
Energy--Energy Programs'', $12,723,000 is hereby rescinded.
(b) No amounts may be rescinded under (a) from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 309. Beginning in fiscal year 2021 and for each fiscal year
thereafter, fees collected pursuant to subsection (b)(1) of section
6939f of title 42, United States Code, shall be deposited in
``Department of Energy--Energy Programs--Non-Defense Environmental
Cleanup'' as discretionary offsetting collections.
Sec. 310. During fiscal year 2020 and each fiscal year thereafter,
notwithstanding any provision of title 5, United States Code, relating
to classification or rates of pay, the Southeastern Power
Administration shall pay any power system dispatcher employed by the
Administration a rate of basic pay and premium pay based on those
prevailing for similar occupations in the electric power industry.
Basic pay and premium pay may not be paid under this section to any
individual during a calendar year so as to result in a total rate in
excess of the rate of basic pay for level V of the Executive Schedule
(section 5316 of such title).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses
necessary for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$175,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2021.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $30,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $25,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $842,236,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2021,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$717,125,000 in fiscal year 2020 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading, not less
than $15,478,000 shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies, and
$14,500,000 shall be for international activities, except that the
amounts provided under this proviso shall not be derived from fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the
sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $125,111,000: Provided
further, That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,500,000 shall be for a
Nuclear Science and Engineering Grant Program that will support
multiyear projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,314,000, to remain available until September 30, 2021: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,929,000 in fiscal year 2020
shall be retained and be available until September 30, 2021, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2020 so as to result in a final fiscal year
2020 appropriation estimated at not more than $2,385,000: Provided
further, That of the amounts appropriated under this heading,
$1,171,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2021.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2020''.
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
(including rescission of funds)
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,237,015,000, to remain available until September 30, 2021; of which
$115,000,000 for annual and deferred maintenance and $101,555,000 for
the wild horse and burro program, as authorized by Public Law 92-195
(16 U.S.C. 1331 et sec.), shall remain available until expended:
Provided, That of the funds made available for the wild horse and burro
program, $21,000,000 shall not be available for obligation until 60
days after submission to the Congress of the detailed plan described in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
amounts in the fee account of the BLM Permit Processing Improvement
Fund may be used for any bureau-related expenses associated with the
processing of oil and gas applications for permits to drill and related
use of authorizations.
In addition, $40,196,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2020, so as to result in a final appropriation estimated at
not more than $1,237,015,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
Of the unobligated balances from amounts made available under this
heading in fiscal year 2017 or before, $19,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
construction
(including rescission of funds)
Of the unobligated balances from amounts made available under this
heading $5,400,000 is permanently rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $32,300,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
Of the unobligated balances from amounts made available for Land
Acquisition and derived from the Land and Water Conservation Fund,
$2,367,000 is hereby permanently rescinded from projects with cost
savings or failed or partially failed projects: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$112,094,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,364,289,000, to remain
available until September 30, 2021: Provided, That not to exceed
$20,318,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)):
Provided further, That of the amounts made available under this heading
for central office operations, $1,000,000 shall not be available for
obligation until the Landscape Conservation Cooperatives report is
received by the Committees on Appropriations of the House of
Representatives and the Senate in accordance with the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$29,704,000, to remain available until expended.
land acquisition
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $70,715,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
Of the unobligated balances from amounts made available for the
Fish and Wildlife Service and derived from the Land and Water
Conservation Fund, $3,628,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement pursuant to
the Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $54,502,000, to remain available
until expended, of which $23,702,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available from the Cooperative
Endangered Species Conservation Fund, $18,771,000 is permanently
rescinded from projects or from other grant programs with an
unobligated carry over balance: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $15,000,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $67,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$5,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $7,362,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $12,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2020 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2021, shall be reapportioned, together with funds
appropriated in 2022, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,576,992,000, of which $10,282,000 for planning and
interagency coordination in support of Everglades restoration and
$135,950,000 for maintenance, repair, or rehabilitation projects for
constructed assets and $153,575,000 for cyclic maintenance projects for
constructed assets and cultural resources and $5,000,000 for uses
authorized by section 101122 of title 54, United States Code shall
remain available until September 30, 2021: Provided, That funds
appropriated under this heading in this Act are available for the
purposes of section 5 of Public Law 95-348: Provided further, That
notwithstanding section 9(a) of the United States Semiquincentennial
Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $3,300,000
of the funds made available under this heading shall be provided to the
organization selected under section 9(b) of that Act for expenditure by
the United States Semiquincentennial Commission in accordance with that
Act: Provided further, That notwithstanding section 9 of the 400 Years
of African-American History Commission Act (36 U.S.C. note prec. 101;
Public Law 115-102), $3,300,000 of the funds provided under this
heading shall be made available for the purposes specified by that Act:
Provided further, That sections (7)(b) and (8) of that Act shall be
amended by striking ``July 1, 2020'' and inserting ``July 1, 2021''.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $71,166,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $118,660,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2021, of which $16,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, That all projects to be funded shall be approved by the
Secretary of the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the funds
provided for the Historic Preservation Fund, $750,000 is for
competitive grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic Landmarks
associated with communities currently under-represented, as determined
by the Secretary, $18,750,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement, $10,000,000 is for
grants to Historically Black Colleges and Universities, and $7,500,000
is for competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for
inclusion on the National Register of Historic Places, to be made
without imposing the usage or direct grant restrictions of section
101(e)(3) (54 U.S.C. 302904) of the National Historical Preservation
Act: Provided further, That such competitive grants shall be made
without imposing the matching requirements in section 302902(b)(3) of
title 54, United States Code, to States and Indian tribes as defined in
chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $389,345,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year 2020
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause availability of
funds found at 48 CFR 52.232-18: Provided further, That National Park
Service Donations, Park Concessions Franchise Fees, and Recreation Fees
may be made available for the cost of adjustments and changes within
the original scope of effort for projects funded by the National Park
Service Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming thresholds,
prior to making any charges authorized by this section.
land acquisition and state assistance
(including rescission of funds)
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$208,400,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $140,000,000 is for
the State assistance program and of which $13,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
Of the unobligated balances from amounts made available for the
National Park Service and derived from the Land and Water Conservation
Fund, $2,279,000 is hereby permanently rescinded from projects or from
other grant programs with an unobligated carry over balance: Provided,
That no amounts may be rescinded from amounts that were designed by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 203. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,270,957,000,
to remain available until September 30, 2021; of which $84,337,000
shall remain available until expended for satellite operations; and of
which $76,164,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the United States
National Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the United
States Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 6101, for the
temporary or intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57 and 81 of
title 5, United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States Code,
relating to tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering leases,
easements, rights-of-way and agreements for use for oil and gas, other
minerals, energy, and marine-related purposes on the Outer Continental
Shelf and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing other
laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$191,611,000, of which $131,611,000 is to remain available until
September 30, 2021, and of which $60,000,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Ocean Energy Management
pursuant to the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as to result
in a final fiscal year 2020 appropriation estimated at not more than
$131,611,000: Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $149,333,000, of which $123,333,000 is to
remain available until September 30, 2021, and of which $26,000,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2020 appropriation estimated at not more than $123,333,000: Provided
further, That of the unobligated balances from amounts made available
under this heading $4,788,000 is permanently rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
For an additional amount, $43,479,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2020, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $43,479,000, the amounts realized in excess
of $43,479,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2020,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$117,768,000, to remain available until September 30, 2021: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2020 appropriation estimated at not more than
$117,768,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $24,713,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended, for
grants to States and federally recognized Indian Tribes for reclamation
of abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such additional amount shall be used
for economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section, $30,000,000 shall be distributed in equal amounts
to the 3 Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall be for
grants to federally recognized Indian Tribes without regard to their
status as certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
abandoned mine lands and other related activities in accordance with
the terms and conditions described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) and shall be used for economic and community
development in conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
(including transfers of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5301 et seq.), $1,577,110,000, to remain available
until September 30, 2021, except as otherwise provided herein; of which
not to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,734,000 shall be for welfare
assistance payments: Provided, That in cases of designated Federal
disasters, the Secretary may exceed such cap for welfare payments from
the amounts provided herein, to provide for disaster relief to Indian
communities affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of federally
recognized Indian tribes may use their tribal priority allocations for
unmet welfare assistance costs: Provided further, That not to exceed
$57,424,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That any forestry funds allocated to a federally recognized
tribe which remain unobligated as of September 30, 2021, may be
transferred during fiscal year 2022 to an Indian forest land assistance
account established for the benefit of the holder of the funds within
the holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2022: Provided further, That in order to enhance the safety of Bureau
field employees, the Bureau may use funds to purchase uniforms or other
identifying articles of clothing for personnel: Provided further, That
the Bureau of Indian Affairs may accept transfers of funds from United
States Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the Bureau of
Indian Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs and the
Bureau of Indian Education for fiscal year 2020, such sums as may be
necessary, which shall be available for obligation through September
30, 2021: Provided, That notwithstanding any other provision of law,
no amounts made available under this heading shall be available for
transfer to another budget account.
construction
(including transfers and rescission of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483; $128,591,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That any funds provided for the Safety of Dams program pursuant to the
Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
nonreimbursable basis: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation: Provided further, That of the funds made available
under this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act (Public Law
114-322; 130 Stat. 1749).
Of the unobligated balances made available for the ``Construction,
Resources Management'' account, $2,000,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,644,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $11,779,000, of
which $1,590,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $183,476,740.
bureau of indian education
operation of indian education programs
(including transfers of funds)
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), $943,077,000, to remain
available until September 30, 2021, except as otherwise provided
herein: Provided, That Federally recognized Indian tribes and tribal
organizations of Federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $702,837,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2020, and shall remain available until
September 30, 2021: Provided further, That notwithstanding any other
provision of law, including but not limited to the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of
the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$83,407,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2020: Provided further, That in
order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
education construction
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and engineering
services by contract; acquisition of lands, and interests in lands;
$248,257,000 to remain available until expended: Provided, That in
order to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds related to the
project, if, not later than 18 months after the date of the enactment
of this Act, any Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee
receiving funds appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and commenced
construction.
administrative provisions
(including transfers of funds)
The Bureau of Indian Affairs and the Bureau of Indian Education may
carry out the operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants, either
directly or in cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
Indian Affairs may contract for services in support of the management,
operation, and maintenance of the Power Division of the San Carlos
Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs or the Bureau of Indian Education for
central office oversight and Executive Direction and Administrative
Services (except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs or the Bureau of Indian
Education, this action shall not diminish the Federal Government's
trust responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education, or more than one grade
to expand the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula, only to the
schools in the Bureau school system as of September 1, 1996, and to any
school or school program that was reinstated in fiscal year 2012. Funds
made available under this Act may not be used to establish a charter
school at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education Programs
may be used to execute requested adjustments in tribal priority
allocations initiated by an Indian Tribe.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior and for grants and cooperative agreements, as authorized by
law, $131,832,000, to remain available until September 30, 2021; of
which no less than $1,000,000 shall be for the hiring of additional
personnel to assist the Department with its compliance responsibilities
under 5 U.S.C. 552; of which not to exceed $15,000 may be for official
reception and representation expenses; and of which up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines; and of which $10,000,000 for the Appraisal and
Valuation Services Office is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $11,061,000 for Indian land, mineral, and resource valuation
activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian Affairs
``Operation of Indian Programs'' and Bureau of Indian Education
``Operation of Indian Education Programs'' accounts and the Office of
the Special Trustee for American Indians ``Federal Trust Programs''
account: Provided further, That funds made available through contracts
or grants obligated during fiscal year 2020, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2020, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That the amounts provided under this Act specifically for the
Payments in Lieu of Taxes program are the only amounts available for
payments authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for any
fiscal year for payments pursuant to this chapter are insufficient to
make the full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be made
proportionally: Provided further, That the Secretary may make
adjustments to payment to individual units of local government to
correct for prior overpayments or underpayments: Provided further,
That no payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of the
payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $102,881,000, of
which: (1) $93,390,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative and
natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands, as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $9,491,000 shall be available until
September 30, 2021, for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $8,463,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188:
Provided, That of the funds appropriated under this heading, $5,000,000
is for deposit into the Compact Trust Fund of the Republic of the
Marshall Islands as compensation authorized by Public Law 108-188 for
adverse financial and economic impacts.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,816,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$55,986,000, to remain available until September 30, 2021.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer and rescission of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$111,540,000, to remain available until expended, of which not to
exceed $19,016,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' and Bureau of Indian Education, ``Operation of Indian
Education Programs'' accounts; the Office of the Solicitor, ``Salaries
and Expenses'' account; and the Office of the Secretary, ``Departmental
Operations'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2020, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the express
written request of the account holder: Provided further, That not to
exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a
Special Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust accounts of
individuals whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate periodic
statements of performance for the individual accounts: Provided
further, That with respect to the eighth proviso, the Secretary shall
continue to maintain sufficient records to determine the balance of the
individual accounts, including any accrued interest and income, and
such funds shall remain available to the individual account holders.
Of the unobligated balances from amounts made available for the
Office of the Special Trustee for American Indians, $3,000,000 is
permanently rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Department-Wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $952,338,000, to remain available until expended, of
which not to exceed $18,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $194,000,000 is for fuels
management activities: Provided further, That of the funds provided
$20,470,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation from which
funds were expended to provide that protection, and are available
without fiscal year limitation: Provided further, That using the
amounts designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or cooperative
agreements, for fuels management activities, and for training and
monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That notwithstanding requirements
of the Competition in Contracting Act, the Secretary, for purposes of
fuels management activities, may obtain maximum practicable competition
among: (1) local private, nonprofit, or cooperative entities; (2) Youth
Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
related partnerships with State, local, or nonprofit youth groups; (3)
small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop written
guidance to field units to ensure accountability and consistent
application of the authorities provided herein: Provided further, That
funds appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with wildland fire management activities: Provided further,
That the Secretary of the Interior may use wildland fire appropriations
to enter into leases of real property with local governments, at or
below fair market value, to construct capitalized improvements for fire
facilities on such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack and fire
support facilities, and to make advance payments for any such lease or
for construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000 between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions: Provided further, That funds
appropriated under this heading shall be available for assistance to or
through the Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be available
to support forestry, wildland fire management, and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That of the funds provided under this heading
$383,657,000 is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of the Interior--Department-Wide Programs--Wildland Fire Management''
for wildfire suppression operations, $300,000,000, to remain available
until transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of Agriculture--Forest Service--Wildland Fire
Management'' and ``Department of the Interior--Department-Wide
Programs--Wildland Fire Management'' for wildfire suppression
operations in the fiscal year in which such amounts are transferred:
Provided further, That amounts may be transferred to the ``Wildland
Fire Management'' accounts in the Department of Agriculture or the
Department of the Interior only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
For an additional amount for a competitive grant program to fund
radium decontamination and remediation at any land-grant university
that has been subjected to such contamination as a result of actions of
the former United States Bureau of Mines, $12,000,000.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $55,735,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$147,330,000, to remain available until September 30, 2021; of which
$50,651,000 shall remain available until expended for the purpose of
mineral revenue management activities: Provided, That notwithstanding
any other provision of law, $15,000 shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Secretary concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable erroneous
payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, with such reimbursement to
be credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland fire
suppression'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be
used to reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose. The Secretary shall notify the House and Senate Committees on
Appropriations within 60 days of the expenditure or transfer of any
funds under this section, including the amount expended or transferred
and how the funds will be used.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2020. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2020, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2020 shall be--
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2020. Fees for fiscal year 2020 shall be--
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) Fees for inspection of well operations conducted via non-rig
units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
assessed for all inspections completed in fiscal year 2020. Fees for
fiscal year 2020 shall be--
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection
(b) quarterly, with payment required within 30 days of billing. The
Secretary shall bill designated operators under subsection (c) within
30 days of the end of the month in which the inspection occurred, with
payment required within 30 days of billing. The Secretary shall bill
designated operators under subsection (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 108. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 109. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 110. Notwithstanding any other provision of law, during
fiscal year 2020, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
department of the interior experienced services program
Sec. 111. (a) Notwithstanding any other provision of law relating
to Federal grants and cooperative agreements, the Secretary of the
Interior is authorized to make grants to, or enter into cooperative
agreements with, private nonprofit organizations designated by the
Secretary of Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and consistent with
such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
obligation of funds
Sec. 112. Amounts appropriated by this Act to the Department of
the Interior shall be available for obligation and expenditure not
later than 60 days after the date of enactment of this Act.
extension of authorities
Sec. 113. (a) Section 512 of title V of division J of Public Law
108-447 is amended by striking ``on the date that is 15 years after the
date that funds are first made available for this title.'' and
inserting ``after September 30, 2022.''.
(b) Section 608 of title VI of division J of Public Law 108-447 is
amended by striking ``the expiration of the 15-year period beginning on
the date that funds are first made available for this title.'' and
inserting ``September 30, 2022.''.
(c) Section 109 of title I of Public Law 103-449, as amended by
Public Law 111-11, title VIII section 8201(c), is further amended by
striking ``$15,000,000'' and inserting ``$17,000,000''.
(d) Section 608(a) of division II of Public Law 104-333, as amended
by Public Law 110-229 section 461, is further amended by striking
``$15,000,000'' and inserting ``$17,000,000''.
(e) Section 810(a)(1) of title VIII of division B of appendix D of
Public Law 106-554, as amended by Public Law 115-31, division G, title
I section 115(b), is further amended by striking ``$12,000,000'' and
inserting ``$14,000,000''.
separation of accounts
Sec. 114. The Secretary of the Interior, in order to implement an
orderly transition to separate accounts of the Bureau of Indian Affairs
and the Bureau of Indian Education, may transfer funds among and
between the successor offices and bureaus affected by the
reorganization only in conformance with the reprogramming guidelines
described in this Act.
payments in lieu of taxes (pilt)
Sec. 115. Section 6906 of title 31, United States Code, shall be
applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''.
sage-grouse
Sec. 116. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
disclosure of departure or alternate procedure approval
Sec. 117. (a) Subject to subsection (b), beginning no later than
180 days after the enactment of this Act, in any case in which the
Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
Energy Management prescribes or approves any departure or use of
alternate procedure or equipment, in regards to a plan or permit, under
30 C.F.R. Sec. 585.103, 30 C.F.R. Sec. 550.141; 30 C.F.R.
Sec. 550.142; 30 C.F.R. Sec. 250.141, or 30 C.F.R. Sec. 250.142, the
head of such bureau shall post a description of such departure or
alternate procedure or equipment use approval on such bureau's publicly
available website not more than 15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $716,449,000, to remain available until September 30,
2021: Provided, That of the funds included under this heading,
$6,000,000 shall be for Research: National Priorities as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit program under
section 2301 of the Water and Waste Act of 2016; and not to exceed
$31,000 for official reception and representation expenses,
$2,663,356,000, to remain available until September 30, 2021:
Provided, That of the funds included under this heading, $17,700,000
shall be for Environmental Protection: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $510,276,000 shall be for
Geographic Programs specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
In addition, $5,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2020 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2020 shall be reduced
by the amount of discretionary offsetting receipts received during
fiscal year 2020, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent that amounts realized from such
receipts exceed $5,000,000, those amount in excess of $5,000,000 shall
be deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2020, shall be retained and used for
necessary salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the funds included
in the first paragraph under this heading, the Chemical Risk Review and
Reduction program project shall be allocated for this fiscal year,
excluding the amount of any fees appropriated, not less than the amount
of appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $8,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2020, which shall remain
available until expended and be used for necessary expenses in this
appropriation, so as to result in a final fiscal year 2020
appropriation from the general fund estimated at not more than $0:
Provided further, That to the extent such offsetting collections
received in fiscal year 2020 exceed $8,000,000, those excess amounts
shall remain available until expended and be used for necessary
expenses in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2021.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $33,598,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
hire, maintenance, and operation of aircraft, $1,184,755,000, to remain
available until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2019, as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,184,755,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with section
111(a) of CERCLA: Provided further, That of the funds appropriated
under this heading, $11,586,000 shall be paid to the ``Office of
Inspector General'' appropriation to remain available until September
30, 2021, and $30,747,000 shall be paid to the ``Science and
Technology'' appropriation to remain available until September 30,
2021.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $19,581,000, to
be derived from the Oil Spill Liability trust fund, to remain available
until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,246,232,000, to remain available until expended,
of which--
(1) $1,638,826,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,126,088,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452 of
the Safe Drinking Water Act: Provided, That for fiscal year
2020, to the extent there are sufficient eligible project
applications and projects are consistent with State Intended
Use Plans, not less than 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants shall be used by the State for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That for fiscal year 2020, funds
made available under this title to each State for Drinking
Water State Revolving Fund capitalization grants may, at the
discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That notwithstanding section 603(d)(7) of the Federal Water
Pollution Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year
2020 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or
were deemed reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided
further, That for fiscal year 2020, notwithstanding the
provisions of subsections (g)(1), (h), and (l) of section 201
of the Federal Water Pollution Control Act, grants made under
title II of such Act for American Samoa, Guam, the commonwealth
of the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding the provisions of such
subsections (g)(1), (h), and (l) of section 201 and section
518(c) of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section 518(c)
of the Federal Water Pollution Control Act may also be used to
provide assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2020, notwithstanding any provision of the Federal
Water Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of such Act
may also be used for grants for training, technical assistance,
and educational programs relating to the operation and
management of the treatment works specified in section 518(c)
of such Act: Provided further, That for fiscal year 2020,
funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Native Villages as defined in Public Law 92-203: Provided
further, That for fiscal year 2020, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of
the Safe Drinking Water Act, up to a total of 2 percent of the
funds appropriated, or $20,000,000, whichever is greater, for
State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2020, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2020,
notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
the funds appropriated for the Drinking Water State Revolving
Fund programs under the Safe Drinking Water Act may be reserved
by the Administrator for grants made under section 1452(j) of
the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 14
percent of the funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy
to eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such funds
are provided as initial financing for an eligible recipient or
to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt was
incurred prior to the date of enactment of this Act if the
State, with concurrence from the Administrator, determines that
such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to eligible
recipients;
(2) $25,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $29,186,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate
not less than 25 percent of the funds provided for projects in
regional hub communities;
(4) $89,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That at least 10 percent shall be allocated for assistance in
persistent poverty counties: Provided further, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates, or any
territory or possession of the United States;
(5) $87,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $56,306,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $25,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(9) $26,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $19,511,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $3,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $12,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $28,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $1,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270); and
(15) $1,075,907,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set
forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities subject to
terms and conditions specified by the Administrator, of which:
$46,190,000 shall be for carrying out section 128 of CERCLA;
$9,332,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs;
$1,449,000 shall be for grants to States under section
2007(f)(2) of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h)
of the Solid Waste Disposal Act; $17,848,000 of the funds
available for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation in
national- and State-level statistical surveys of water
resources and enhancements to State monitoring programs;
$13,000,000 shall be for multipurpose grants, including
interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $55,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$11,500,000,000: Provided further, That of the funds made available
under this heading, $5,000,000 shall be used solely for the cost of
direct loans and for the cost of guaranteed loans for projects
described in section 5026(9) of the Water Infrastructure Finance and
Innovation Act of 2014 to State infrastructure financing authorities,
as authorized by section 5033(e) of such Act: Provided further, That
the Administrator, together with the Director of the Office of
Management and Budget and the Secretary of the Treasury, shall jointly
develop criteria for project eligibility for direct loans and loan
guarantees authorized by the Water Infrastructure Finance and
Innovation Act of 2014 that limit Federal participation in a project
consistent with the requirements for the budgetary treatment provided
for in section 504 of the Federal Credit Reform Act of 1990 and based
on the recommendations contained in the 1967 Report of the President's
Commission on Budget Concepts; and the Administrator, the Director, and
the Secretary, shall, not later than 120 days after the date of
enactment of this Act, publish such criteria in the Federal Register:
Provided further, That, in developing the criteria to be used, the
Administrator, the Director, and the Secretary, shall consult with the
Director of the Congressional Budget Office: Provided further, That
the requirements of section 553 of title 5, United States Code, shall
not apply to the development and publication of such criteria:
Provided further, That the use of direct loans or loan guarantee
authority under this heading for direct loans or commitments to
guarantee loans for any project shall be in accordance with the
criteria published pursuant to this Act: Provided further, That the
Administrator, the Director, and the Secretary, shall also certify, and
publish such certification in the Federal Register, that the criteria
is compliant with this paragraph, at the same time the Administrator,
the Director, and the Secretary, publish the criteria in the Federal
Register: Provided further, That the Administrator may not issue a
Notice of Funding Availability for applications for credit assistance
under the Water Infrastructure Finance and Innovation Act Program in
fiscal year 2020 until the criteria have been developed and published
pursuant to the fourth proviso and certified pursuant to the previous
proviso: Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director of
the Office of Management and Budget have certified in advance in
writing that the direct loan or loan guarantee, as applicable, and the
project comply with the criteria developed and published pursuant to
this Act: Provided further, That the criteria developed and published
pursuant to this Act shall not apply to the use of direct loans or loan
guarantee authority provided by prior appropriations Acts: Provided
further, That not later than 15 days after the date upon which criteria
have been published pursuant to the fourth proviso, the Administrator
shall report to the Committees on Appropriations of the House of
Representatives and Senate, the Committees on Energy and Commerce and
Transportation and Infrastructure of the House of Representatives, and
the Committee on Environment and Public Works of the Senate on any
statutory improvements to the Water Infrastructure Finance and
Innovation Act of 2014 or to the Water Infrastructure Finance and
Innovation Act Program Account's appropriations language that would
further align such Act and such language with the budgetary treatment
and recommendations referred to in the fourth proviso: Provided
further, That, for the purposes of carrying out the Congressional
Budget Act of 1974, the Director of the Congressional Budget Office may
request, and the Administrator shall promptly provide, documentation
and information relating to a project identified in a Letter of
Interest submitted to the Administrator pursuant to a Notice of Funding
Availability for applications for credit assistance under the Water
Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the date of
enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account, to remain available until
expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $5,000,000, to
remain available until September 30, 2021.
Administrative Provisions--Environmental Protection Agency
(including transfers of funds)
For fiscal year 2020, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 116-8, the Pesticide
Registration Improvement Extension Act of 2018.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2020.
The Administrator is authorized to transfer up to $320,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2020, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to Indian
tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2020 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
Notwithstanding the limitations on amounts in section 320(i)(2)(B)
of the Federal Water Pollution Control Act, not less than $1,350,000 of
the funds made available under this title for the National Estuary
Program shall be for making competitive awards described in section
320(g)(4).
The fourth paragraph under heading ``Administrative Provisions'' in
title II of Public Law 109-54 is amended by striking ``2020'' and
inserting ``2025''.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $875,000: Provided, That funds made
available by this Act to any agency in the Natural Resources and
Environment mission area for salaries and expenses are available to
fund up to one administrative support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $305,000,000, to remain available through September
30, 2023: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, and conducting an
international program as authorized, $346,990,000, to remain available
through September 30, 2023, as authorized by law; of which $63,990,000
is to be derived from the Land and Water Conservation Fund to be used
for the Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for hazardous fuels management on or
adjacent to such lands, $1,957,510,000, to remain available through
September 30, 2023: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $373,000,000
shall be for forest products: Provided further, That of the funds
provided, $445,310,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to make
grants, using any authorities available to the Forest Service under the
``State and Private Forestry'' appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest
System lands: Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring associated with
such hazardous fuels management activities on Federal land, or on non-
Federal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forestry Restoration Act, Public Law 106-
393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service under
the ``State and Private Forestry'' appropriations: Provided further,
That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act
(7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up to 50
percent of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the conservation
practice is incurred. And, that the amount credited shall remain
available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation
practices approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $455,000,000, to remain available through September 30,
2023, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That funds becoming available in fiscal year 2020
under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to
the General Fund of the Treasury and shall not be available for
transfer or obligation for any other purpose unless the funds are
appropriated.
land acquisition
(including rescission of funds)
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $78,898,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
Of the unobligated balances from amounts made available for Forest
Service and derived from the Land and Water Conservation Fund,
$2,000,000 is hereby permanently rescinded from projects with cost
savings or failed projects or partially failed that had funds returned:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California; and the Ozark-St. Francis and Ouachita
National Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available through September 30, 2023, (16
U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2023, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2023, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$2,500,000, to remain available through September 30, 2023.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency wildland fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,350,620,000, to remain available
until expended: Provided, That such funds including unobligated
balances under this heading, are available for repayment of advances
from other appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated funds appropriated in
a previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account: Provided
further, That such funds shall be available to reimburse State and
other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That of the funds provided under this
heading, $1,011,000,000 shall be available for wildfire suppression
operations, and is provided to the meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
wildfire suppression operations reserve fund
(including transfers of funds)
In addition to the amounts provided under the heading ``Department
of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
suppression operations, $1,950,000,000, to remain available until
transferred, is additional new budget authority as specified for
purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided, That such amounts may be
transferred to and merged with amounts made available under the
headings ``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--Forest
Service--Wildland Fire Management'' for wildfire suppression operations
in the fiscal year in which such amounts are transferred: Provided
further, That amounts may be transferred to the ``Wildland Fire
Management'' accounts in the Department of the Interior or the
Department of Agriculture only upon the notification of the House and
Senate Committees on Appropriations that all wildfire suppression
operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be
transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition to
any other transfer authority provided by law.
communications site administration
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
334), as amended by this Act, shall be deposited in the special account
established by section 8705(f)(1) of such Act, shall be available to
cover the costs described in subsection (c)(3) of such section of such
Act, and shall remain available until expended: Provided, That such
amounts shall be transferred to the ``National Forest System'' account.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the heading ``Wildland Fire Management'' will be
obligated within 30 days: Provided, That all funds used pursuant to
this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the
Department of the Interior for wildland fire management, hazardous
fuels management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated
to the Forest Service by this Act to or within the National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water, such transferred funds shall
remain available through September 30, 2023: Provided, That none of
the funds transferred pursuant to this section shall be available for
obligation without written notification to and the prior approval of
the Committees on Appropriations of both Houses of Congress: Provided
further, That this section does not apply to funds derived from the
Land and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
(7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain information technology services, including telecommunications
and system modifications or enhancements, from the Working Capital Fund
of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match funds made available by the Forest
Service on at least a one-for-one basis: Provided further, That the
Foundation may transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance and
decommissioning.
Notwithstanding any other provision of law, of any appropriations
or funds available to the Forest Service, not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation. Future
budget justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the sums requested for transfer.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through the Office
of Budget and Program Analysis, the Forest Service shall report no
later than 30 business days following the close of each fiscal quarter
all current and prior year unobligated balances, by fiscal year, budget
line item and account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$4,315,205,000 to remain available until September 30, 2021, except as
otherwise provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b) and 238b), for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$2,000,000 shall be available for grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $964,819,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $40,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That of the
funds provided, $125,000,000 shall remain available until expended to
supplement funds available for operational costs at tribal clinics
operated under an Indian Self-Determination and Education Assistance
Act compact or contract where health care is delivered in space
acquired through a full service lease, which is not eligible for
maintenance and improvement and equipment funds from the Indian Health
Service, and $58,000,000 shall be for costs related to or resulting
from accreditation emergencies, including supplementing activities
funded under the heading ``Indian Health Facilities,'' of which up to
$4,000,000 may be used to supplement amounts otherwise available for
Purchased/Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited in
the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided
further, That the amounts made available within this account for the
Substance Abuse and Suicide Prevention Program, for Opioid Prevention,
Treatment and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing subsidy
authority for civilian employees, for Aftercare Pilot Programs at Youth
Regional Treatment Centers, for transformation and modernization costs
of the Indian Health Service Electronic Health Record system, for
national quality and oversight activities, to improve collections from
public and private insurance at Indian Health Service and tribally
operated facilities, and for accreditation emergencies shall be
allocated at the discretion of the Director of the Indian Health
Service and shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual contracts and
grants that fall within 2 fiscal years, provided the total obligation
is recorded in the year the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended
for the purpose of achieving compliance with the applicable conditions
and requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction of
new facilities: Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That the Bureau of
Indian Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health information
relating to disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.): Provided further, That of the
funds provided, $72,280,000 is for the Indian Health Care Improvement
Fund and may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided further,
That none of the funds appropriated by this Act to the Indian Health
Service for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of a new
Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate are
consulted 90 days in advance of such obligation.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2020, such sums as may be necessary: Provided, That
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $911,889,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
expenses of attendance at meetings that relate to the functions or
activities of the Indian Health Service: Provided, That in accordance
with the provisions of the Indian Health Care Improvement Act, non-
Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation Facilities
Act and Public Law 93-638: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject to
limitations directed at curtailing Federal travel and transportation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments or charges
by the Department of Health and Human Services unless identified in the
budget justification and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the reprogramming
process: Provided further, That notwithstanding any other provision of
law, funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or technical
assistance: Provided further, That the Indian Health Service may
provide to civilian medical personnel serving in hospitals operated by
the Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the United
States Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $81,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $76,691,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited healthcare
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2020, and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $2,994,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$12,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,500,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public
Law 93-531 (88 Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by part A of title XV of
Public Law 99-498 (20 U.S.C. 4411 et seq.), $10,458,000, which shall
become available on July 1, 2020, and shall remain available until
September 30, 2021.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $793,658,000, to remain available until September 30, 2021,
except as otherwise provided herein; of which not to exceed $6,908,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided,
That funds appropriated herein are available for advance payments to
independent contractors performing research services or participating
in official Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations designated in
this Act for lease or rent payments, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the general
trust funds of the Institution to be available as trust funds for
expenses associated with the purchase of a portion of the building at
600 Maryland Avenue, S.W., Washington, D.C. to the extent that
Federally supported activities will be housed there: Provided further,
That the use of such amounts in the general trust funds of the
Institution for such purpose shall not be construed as Federal debt
service for, a Federal guarantee of, a transfer of risk to, or an
obligation of the Federal Government: Provided further, That no
appropriated funds may be used directly to service debt which is
incurred to finance the costs of acquiring a portion of the building at
600 Maryland Avenue, S.W., Washington, D.C., or of planning, designing,
and constructing improvements to such building: Provided further, That
any agreement entered into by the Smithsonian Institution for the sale
of its ownership interest, or any portion thereof, in such building so
acquired may not take effect until the expiration of a 30 day period
which begins on the date on which the Secretary submits to the
Committees on Appropriations of the House of Representatives and
Senate, the Committees on House Administration and Transportation and
Infrastructure of the House of Representatives, and the Committee on
Rules and Administration of the Senate a report, as outlined in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), on the intended sale.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $253,700,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $147,022,000, to remain available until September 30, 2021, of
which not to exceed $3,660,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $26,203,000,
to remain available until expended: Provided, That of this amount,
$1,000,000 shall be available for design of an off-site art storage
facility in partnership with the Smithsonian Institution: Provided
further, That contracts awarded for environmental systems, protection
systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $25,690,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $17,800,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$14,000,000, to remain available until September 30, 2021.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $162,250,000 to remain available
until expended, of which $147,750,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $14,500,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $12,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $3,240,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds provided
under this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $5,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $7,378,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $60,388,000, of which
$715,000 shall remain available until September 30, 2022, for the
Museum's equipment replacement program; and of which $2,000,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
an amount not to exceed $10,000,000.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial Commission
Act (section 431(a)(3) of division G of Public Law 115-31), $1,000,000,
to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial Commission
Act, as authorized by the World War I Centennial Commission Act (Public
Law 112-272) and the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291),
for necessary expenses of the World War I Centennial Commission,
$7,000,000, to remain available until September 30, 2021: Provided,
That in addition to the authority provided by section 6(g) of such Act,
the World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from any
executive branch agency for activities of the Commission.
alyce spotted bear and walter soboleff commission on native children
(including transfer of funds)
For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this paragraph
as the ``Commission''), $500,000, to remain available until September
30, 2021: Provided, That amounts made available to the Commission
under the heading ``Department of the Interior--Departmental
Operations--Office of the Secretary--Departmental Operations'' in
division E of the Consolidated Appropriations Act, 2019 (Public Law
116-6) may be transferred to or merged with such amounts: Provided
further, That in addition to the authority provided by section 3(g)(5)
and 3(h) of Public Law 114-244, the Commission may hereafter accept in-
kind personnel services, contractual support, or any appropriate
support from any executive branch agency for activities of the
Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2021, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2020.
contract support costs, fiscal year 2020 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2020 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2020
with the Bureau of Indian Affairs, Bureau of Indian Education, and the
Indian Health Service: Provided, That such amounts provided by this
Act are not available for payment of claims for contract support costs
for prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
prohibition on no-bid contracts
Sec. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 411. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 412. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 413. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity within 60 days of enactment of this
Act.
alyce spotted bear and walter soboleff commission on native children
Sec. 415. Section 3(a) of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act (Public Law 114-244) is
amended by striking ``in the Office of Tribal Justice of the Department
of Justice.''.
forest service communications site administration
Sec. 416. Subsection (f) of section 8705 of the Agriculture
Improvement Act of 2018 (Public Law 115-334) is amended by striking
paragraph (2) and inserting the following:
``(2) Requirements for fees collected.--Fees collected by
the Forest Service under subsection (c)(3) shall be--
``(A) collected only to the extent provided in
advance in appropriations Acts;
``(B) based on the costs described in subsection
(c)(3); and
``(C) competitively neutral, technology neutral,
and nondiscriminatory with respect to other users of
the communications site.''.
extension of grazing permits
Sec. 417. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2020.
funding prohibition
Sec. 418. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
humane transfer and treatment of animals
Sec. 419. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by the
Bureau of Land Management, or the Secretary of Agriculture, with
respect to land administered by the Forest Service (referred to in this
section as the ``Secretary concerned''), may transfer excess wild
horses and burros that have been removed from land administered by the
Secretary concerned to other Federal, State, and local government
agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection
(a) immediately on the request of a Federal, State, or local government
agency.
(c) An excess wild horse or burro transferred under subsection (a)
shall lose status as a wild free-roaming horse or burro (as defined in
section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not--
(1) destroy the horse or burro in a manner that results in
the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a
manner that results in the destruction of the horse or burro
for processing into a commercial product; or
(3) euthanize the horse or burro, except on the
recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available for--
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary
concerned (including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
forest service facility realignment and enhancement authorization
extension
Sec. 420. Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
note) shall be applied by substituting ``September 30, 2020'' for
``September 30, 2019''.
use of american iron and steel
Sec. 421. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
rescission of funds
Sec. 422. Any amounts made available for fiscal year 2020 pursuant
to section 8705(f)(2) of Public Law 115-334 as amended by this Act, are
hereby rescinded.
john f. kennedy center reauthorization
Sec. 423. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $25,690,000
for fiscal year 2020.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$17,800,000 for fiscal year 2020.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 424. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments,
rural fire departments, rangeland fire protection associations, and
similar organizations to provide for wildland fire training and
equipment, including supplies and communication devices.
Notwithstanding 121(c) of title 40, United States Code, or section 521
of title 40, United States Code, the Secretary is further authorized to
transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such organizations.
recreation fees
Sec. 425. Section 810 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
2021'' for ``September 30, 2019''.
reprogramming guidelines
Sec. 426. None of the funds made available in this Act, in this
and prior fiscal years, may be reprogrammed without the advance
approval of the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
project information
Sec. 427. (a) Within 60 days of the submission of the fiscal year
2021 budget or by April 1, 2020, whichever comes first, the Secretary
of the Interior and the Secretary of Agriculture shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate prioritized and detailed lists of Federal land acquisition
projects, and Forest Legacy projects, that have been identified by each
land management Agency.
(b) The Federal land acquisition project lists required by each
Agency in subsection (a) shall include individual projects for the
National Park Service, the U.S. Fish and Wildlife Service, the Bureau
of Land Management, and the U.S. Forest Service, and shall total for
each agency no less than 150 percent of the amount enacted for that
agency for the previous fiscal year.
local contractors
Sec. 428. Section 412 of Division E of Public Law 112-74 shall be
applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''.
shasta-trinity marina fee authority authorization extension
Sec. 429. Section 422 of division F of Public Law 110-161 (121
Stat 1844), as amended, shall be applied by substituting ``fiscal year
2020'' for ``fiscal year 2019''.
interpretive association authorization extension
Sec. 430. Section 426 of division G of Public Law 113-76 (16
U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
2020'' for ``September 30, 2019''.
puerto rico schooling authorization extension
Sec. 431. The authority provided by the 19th unnumbered paragraph
under heading ``Administrative Provisions, Forest Service'' in title
III of Public Law 109-54, as amended, shall be applied by substituting
``fiscal year 2020'' for ``fiscal year 2019''.
forest botanical products fee collection authorization extension
Sec. 432. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law by
Public Law 106-113; 16 U.S.C. 528 note), as amended by section 335(6)
of Public Law 108-108 and section 432 of Public Law 113-76, shall be
applied by substituting ``fiscal year 2020'' for ``fiscal year 2019''.
alaska native regional health entities authorization extension
Sec. 433. Section 424(a) of the Consolidated Appropriations Act,
2014 (Public Law 113-76), as amended by section 428 of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), shall be applied by
substituting ``October 1, 2020'' for ``October 1, 2019''.
chesapeake bay initiative
Sec. 434. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 54 U.S.C. 320101 note) shall be applied by
substituting ``fiscal year 2020'' for ``fiscal year 2019''.
forest service budget restructure
Sec. 435. (a) The Secretary of Agriculture shall establish the
``Forest Service Operations'' account not later than October 1, 2020,
for the necessary expenses of the Forest Service: (1) for the base
salary and expenses of employees in the Chief's Office, the Work
Environment and Performance Office, the Business Operations Deputy
Area, and the Chief Financial Officer's Office to carry out
administrative and general management support functions; (2) for the
costs of facility maintenance, repairs, and leases for buildings and
sites; (3) for the costs of utility and communication expenses,
business services, and information technology, including cybersecurity
requirements; and (4) for such other administrative support function
expenses necessary for the operation of the Forest Service.
(b) Subsequent to the establishment of the account under subsection
(a), the Secretary of Agriculture may execute appropriations of the
Department for fiscal year 2021 as provided pursuant to such
subsection, including any continuing appropriations made available for
fiscal year 2021 before enactment of a regular appropriations Act.
(c) Notwithstanding any other provision of law, the Secretary of
Agriculture may transfer any unobligated balances made available to the
Forest Service by this or prior appropriations Acts to the account
established under subsection (a) to carry out such subsection, and
shall notify the Committees on Appropriations of the Senate and the
House of Representatives within 5 days of such transfer: Provided,
That no amounts may be transferred from amounts that were made
available for wildfire suppression operations pursuant to section
251(b)(2)(F) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(d)(1) Not later than November 1, 2020, the Secretary of
Agriculture shall establish the preliminary baseline for application of
transfer authorities and submit the report specified in paragraph (2)
to the Committees on Appropriations for the Senate and the House of
Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the fiscal year 2020 enacted levels,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and adjustments
made pursuant to the transfer authority in subsection
(b) or (c), and the resulting fiscal year level;
(C) a delineation in the table for each
appropriation, adjusted as described in paragraph (2),
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(D) an identification of funds directed for a
specific activity.
timber sale requirements
Sec. 436. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on use of funds
Sec. 437. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 438. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
funding prohibition
Sec. 439. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
policies relating to biomass energy
Sec. 440. To support the key role that forests in the United
States can play in addressing the energy needs of the United States,
the Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall, consistent
with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments
and agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use;
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
small remote incinerators
Sec. 441. None of the funds made available in this Act may be used
to implement or enforce the regulation issued on March 21, 2011 at 40
CFR part 60 subparts CCCC and DDDD with respect to units in the State
of Alaska that are defined as ``small, remote incinerator'' units in
those regulations and, until a subsequent regulation is issued, the
Administrator shall implement the law and regulations in effect prior
to such date.
chaco canyon
Sec. 442. None of the funds made available by this Act may be used
to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
seq, or to offer for oil and gas leasing, any Federal lands within the
withdrawal area identified on the map of the Chaco Culture National
Historical Park prepared by the Bureau of Land Management and dated
April 2, 2019, prior to the completion of the cultural resources
investigation identified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
david r. obey northern great lakes visitor center
Sec. 443. (a) Designation.--The Northern Great Lakes Visitor Center
located in Ashland, Wisconsin, the title to which is owned by the
Forest Service, shall be known and designated as the ``David R. Obey
Northern Great Lakes Visitor Center''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``David R.
Obey Northern Great Lakes Visitor Center''.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2020''.
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2020
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader of the
Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
of the Senate, $9,980; Minority Whip of the Senate, $9,980; President
Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen of the
Majority and Minority Policy Committees, $4,690 for each Chairman; in
all, $189,840.
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $216,321,170, which shall be
paid from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,533,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $759,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $326,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,506,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,525,000.
committee on appropriations
For salaries of the Committee on Appropriations, $15,793,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,738,000 for each such committee; in all, $3,476,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $862,000.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
office of the chaplain
For Office of the Chaplain, $510,000.
office of the secretary
For Office of the Secretary, $26,818,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $85,867,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,940,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $64,854,170.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,397,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
the Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $133,265,000, of which
$26,650,000 shall remain available until September 30, 2022.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$14,536,000 of which $11,436,000 shall remain available until September
30, 2024 and of which $3,100,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $128,753,000, which shall remain available until
September 30, 2024.
miscellaneous items
For miscellaneous items, $18,871,410 which shall remain available
until September 30, 2022.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$449,000,000 of which $20,128,950 shall remain available until
September 30, 2022 and of which $6,000,000 shall be allocated solely
for the purpose of providing financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provision
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,370,725,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$2,219,000, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $2,340,000; Democratic Caucus, $2,340,000:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2020 until January 2, 2021.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $615,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative
Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation
of interns who serve in the offices of Members of the House of
Representatives, $11,025,000, to remain available through December 31,
2020: Provided, That notwithstanding section 120(b) of such Act, an
office of a Member of the House of Representatives may use not more
than $25,000 of the allowance available under this heading during
calendar year 2020.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of this Act for the
compensation of interns who serve in House leadership offices,
$365,000, to remain available through December 31, 2020: Provided,
That of the amount provided under this heading, $200,000 shall be
available for the compensation of interns who serve in House leadership
offices of the majority, to be allocated among such offices by the
Speaker of the House of Representatives, and $165,000 shall be
available for the compensation of interns who serve in House leadership
offices of the minority, to be allocated among such offices by the
Minority Floor Leader.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $135,359,000: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2020, except that $2,850,000 of such amount shall remain
available until expended for committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$24,269,000, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2020.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $231,903,000, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $30,766,000, of which $1,500,000 shall remain available
until expended; for salaries and expenses of the Office of the Sergeant
at Arms, including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than $3,000 for
official representation and reception expenses, $20,225,000, of which
$10,267,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $153,550,000, of which $11,639,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $1,000,000; for salaries and expenses of the Office of
the Whistleblower Ombudsman, $750,000; for salaries and expenses of the
Office of the Inspector General, $5,019,000; for salaries and expenses
of the Office of General Counsel, $1,751,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $2,088,000; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,419,000; for salaries and expenses of the Office of the
Legislative Counsel of the House, $11,937,000; for salaries and
expenses of the Office of Interparliamentary Affairs, $814,000; for
other authorized employees, $584,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $323,920,000, including: supplies, materials, administrative costs
and Federal tort claims, $1,526,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $294,377,000, to remain available
until March 31, 2021; salaries and expenses for Business Continuity and
Disaster Recovery, $17,668,000, of which $5,000,000 shall remain
available until expended; transition activities for new members and
staff, $4,489,000, to remain available until expended; Wounded Warrior
Program and the Congressional Gold Star Family Fellowship Program,
$3,000,000, to remain available until expended; Office of Congressional
Ethics, $1,670,000; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor vehicles,
interparliamentary receptions, and gratuities to heirs of deceased
employees of the House, $1,000,000.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2020. Any amount remaining after all
payments are made under such allowances for fiscal year 2020 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to carry
out this section.
(c) As used in this section, the term ``Member of the House of
Representatives'' means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
allowance for compensation of interns in member offices
Sec. 112. (a) Section 120(f) of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a(f)) is amended by striking the
period at the end and inserting the following: ``, and such sums as may
be necessary for fiscal year 2020 and each succeeding fiscal year.''.
(b) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)) is amended by striking ``and `Office of the
Attending Physician'.'' and inserting ```Office of the Attending
Physician', and `Allowance for Compensation of Interns in Member
Offices'.''.
(c) The amendments made by this section shall take effect as if
included in the enactment of section 120 of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a).
allowance for compensation of interns in house leadership offices
Sec. 113. (a) There is established for the House of Representatives
an allowance which shall be available for the compensation of interns
who serve in House leadership offices.
(b) Section 104(b) of the House of Representatives Administrative
Reform Technical Corrections Act (2 U.S.C. 5321(b)) shall apply with
respect to an intern who is compensated under the allowance under this
section in the same manner as such section applies with respect to an
intern who is compensated under the Members' Representational
Allowance.
(c) In this section--
(1) the term ``House leadership office'' means, with
respect to a fiscal year, any office for which the
appropriation for salaries and expenses of the office for the
fiscal year is provided under the heading ``House Leadership
Offices'' in the Act making appropriations for the Legislative
Branch for the fiscal year; and
(2) term ``intern'', with respect to a House leadership
office, has the meaning given such term with respect to a
Member of the House of Representatives in section 104(c)(2) of
the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(c)(2)).
(d) There are authorized to be appropriated to carry out this
section such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year.
(e) Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 5507(c)(2)), as amended by section 112(b), is further
amended by striking ``, and `Allowance for Compensation of Interns in
Member Offices'.'' and inserting ``, `Allowance for Compensation of
Interns in Member Offices', and `Allowance for Compensation of Interns
in House Leadership Offices'.''.
(f) This section and the amendments made by this section shall
apply with respect to fiscal year 2020 and each succeeding fiscal year.
cybersecurity assistance for house of representatives
Sec. 114. The head of any Federal entity that provides assistance
to the House of Representatives in the House's efforts to deter,
prevent, mitigate, or remediate cybersecurity risks to, and incidents
involving, the information systems of the House shall take all
necessary steps to ensure the constitutional integrity of the separate
branches of the government at all stages of providing the assistance,
including applying minimization procedures to limit the spread or
sharing of privileged House and Member information.
rescissions of funds
Sec. 115. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under House
Resolution 94, Ninety-Eighth Congress, agreed to February 8, 1983, as
enacted into permanent law by section 110 of the Congressional
Operations Appropriations Act, 1984 (2 U.S.C. 4917), $1,000,000 is
hereby rescinded.
(b) Of the unobligated balances available from prior appropriations
Acts from the revolving fund established in the item relating to
``Stationery'' under the heading ``House of Representatives, Contingent
Expenses of the House'' in the first section of the Legislative Branch
Appropriation Act, 1948 (2 U.S.C. 5534), $4,000,000 is hereby
rescinded.
use of available balances of expired appropriations
(including transfer of funds)
Sec. 116. (a) Subject to section 119 of the Legislative Branch
Appropriations Act, 2018 (2 U.S.C. 5511), available balances of expired
appropriations for the House of Representatives shall be available to
the House of Representatives--
(1) for the payment of a death gratuity which is
specifically appropriated by law and which is made in
connection with the death of an employee of the House of
Representatives, without regard to the fiscal year in which the
payment is made; and
(2) for deposit into the account established under section
109 of the Legislative Branch Appropriations Act, 1998 (2
U.S.C. 5508) for making payments of the House of
Representatives to the Employees' Compensation Fund under
section 8147 of title 5, United States Code, and for
reimbursing the Secretary of Labor for any amounts paid with
respect to unemployment compensation payments for former
employees of the House.
(b) This section shall apply with respect to funds appropriated or
otherwise made available in fiscal year 2020 and each succeeding fiscal
year.
reduction in amount of tuition charged for children of employees of
house child care center
Sec. 117. (a) Section 312(d) of the Legislative Branch
Appropriations Act, 1992 (2 U.S.C. 2062(d)) is amended by adding at the
end the following new paragraph:
``(4) In the case of a child of an employee of the center
who is furnished care at the center, the Chief Administrative
Officer shall reduce the amount of tuition otherwise charged
with respect to such child during a month by the greater of--
``(A) 50 percent; or
``(B) such percentage as may be necessary to ensure
that the total amount of tuition paid by the employee
with respect to all children of the employee who are
furnished care at the center during the month does not
exceed $1,000.''.
(b) Section 312(d)(2) of such Act (2 U.S.C. 2062(d)(2)) is amended
by inserting after ``similar benefits and programs'' the following:
``(including the subsidies provided on behalf of employees of the
center as a result of reductions in the amount of tuition otherwise
charged with respect to children of such employees under paragraph
(4))''.
(c) The amendments made by this section shall apply with respect to
fiscal year 2020 and each succeeding fiscal year.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2021
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2021, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2021, $1,500,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2021: Provided,
That funds made available under this heading shall be available for
payment, on a direct or reimbursable basis, whether incurred on,
before, or after, October 1, 2020: Provided further, That the
compensation of any employee of the Committee on Rules and
Administration of the Senate who has been designated to perform service
with respect to the inaugural ceremonies of 2021 shall continue to be
paid by the Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the services of
the staff member out of funds made available under this heading:
Provided further, That there are authorized to be paid from the
appropriations account for ``Expenses of Inquiries and Investigations''
of the Senate such sums as may be necessary, without fiscal year
limitation, for agency contributions related to the compensation of
employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$11,563,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,800,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,868,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,509,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $379,062,000 of which overtime
shall not exceed $47,048,000 unless the Committee on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $85,279,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law, the cost of
basic training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2020 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
Administrative Provision
Sec. 120. Section 908(c) of the Emergency Supplemental Act, 2002
(2 U.S.C. 1926(c)), is amended by striking ``$40,000'' and inserting
``$60,000''.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office
of Congressional Workplace Rights, $6,333,000, of which $1,000,000
shall remain available until September 30, 2021, and of which not more
than $1,000 may be expended on the certification of the Executive
Director in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $54,941,000: Provided, That the Director shall use not less
than $500,000 of the amount made available under this heading for (1)
improving technical systems, processes, and models for the purpose of
improving the transparency of estimates of budgetary effects to Members
of Congress, employees of Members of Congress, and the public, and (2)
to increase the availability of models, economic assumptions, and data
for Members of Congress, employees of Members of Congress, and the
public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $120,000,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $68,878,000, of which $40,899,000 shall remain
available until September 30, 2024.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $15,024,000, of which $3,000,000 shall remain
available until September 30, 2024.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $88,424,000, of which $23,100,000 shall remain available until
September 30, 2024.
House Office Buildings
(including transfer of funds)
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $153,273,000, of which $30,300,000 shall
remain available until September 30, 2024, and of which $62,000,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building: Provided, That of the
amount made available under this heading, $8,000,000 shall be derived
by transfer from the House Office Building Fund established under
section 176(d) of the Continuing Appropriations Act, 2017, as added by
section 101(3) of the Further Continuing Appropriation Act, 2017
(Public Law 114-254; 2 U.S.C. 2001 note).
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $98,957,000, of which $15,300,000 shall remain available
until September 30, 2024: Provided, That not more than $10,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2020.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$55,746,000, of which $25,200,000 shall remain available until
September 30, 2024.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $55,216,000, of which
$28,000,000 shall remain available until September 30, 2024.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $16,094,000, of which $4,000,000 shall
remain available until September 30, 2024: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $24,321,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 130. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings;
information technology services provided centrally; special clothing;
cleaning, laundering and repair of uniforms; preservation of motion
pictures in the custody of the Library; operation and maintenance of
the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $504,164,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2020, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150): Provided, That the Library of Congress may not obligate
or expend any funds derived from collections under the Act of June 28,
1902, in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,000,000: Provided further, That of the
total amount appropriated, not more than $18,000 may be expended, on
the certification of the Librarian of Congress, in connection with
official representation and reception expenses, including for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $9,110,000 shall remain available until expended for the
digital collections and educational curricula program: Provided
further, That of the total amount appropriated, $1,350,000 shall remain
available until expended for upgrade of the Legislative Branch
Financial Management System: Provided further, That of the total
amount appropriated, $250,000 shall remain available until expended for
the Surplus Books Program to promote the program and facilitate a
greater number of donations to eligible entities across the United
States: Provided further, That of the total amount appropriated,
$3,587,000 shall remain available until expended for the Veterans
History Project to continue digitization efforts of already collected
materials, reach a greater number of veterans to record their stories,
and promote public access to the Project: Provided further, That of
the total amount appropriated, $10,000,000 shall remain available until
expended for the development of the Library's Visitor Experience
project, and may be obligated and expended only upon approval by the
Subcommittee on the Legislative Branch of the Committee on
Appropriations of the House of Representatives and by the Subcommittee
on the Legislative Branch of the Committee on Appropriations of the
Senate.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $91,840,000, of
which not more than $43,221,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2020 under sections 708(d) and 1316 of title 17, United
States Code: Provided, That the Copyright Office may not obligate or
expend any funds derived from collections under such section in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than $6,482,000
shall be derived from collections during fiscal year 2020 under
sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
$49,703,000: Provided further, That of the funds provided under this
heading, not less than $17,100,000 is for modernization initiatives, of
which $10,000,000 shall remain available until September 30, 2021:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International
Copyright Institute'' in the Copyright Office of the Library of
Congress for the purpose of training nationals of developing countries
in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $120,495,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate: Provided further, That this
prohibition does not apply to publication of non-confidential
Congressional Research Service (CRS) products: Provided further, That
a non-confidential CRS product includes any written product containing
research or analysis that is currently available for general
congressional access on the CRS Congressional Intranet, or that would
be made available on the CRS Congressional Intranet in the normal
course of business and does not include material prepared in response
to Congressional requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $58,563,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 140. (a) In General.--For fiscal year 2020, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $231,975,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing of
Government publications authorized by law to be distributed to Members
of Congress; and publishing, and distribution of Government
publications authorized by law to be distributed without charge to the
recipient, $79,000,000: Provided, That this appropriation shall not be
available for paper copies of the permanent edition of the
Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44,
United States Code: Provided further, That this appropriation shall be
available for the payment of obligations incurred under the
appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under
chapter 7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on
the date that such document, report, or publication is authorized by
Congress to be printed, unless Congress reauthorizes such printing in
accordance with section 718 of title 44, United States Code: Provided
further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under
the heading ``Government Publishing Office Business Operations
Revolving Fund'' no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated, to be available for carrying out the
purposes of this heading, subject to the approval of the Committee on
Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of
title 44, United States Code, this appropriation may be used to prepare
indexes to the Congressional Record on only a monthly and session
basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications in any format, and their
distribution to the public, Members of Congress, other Government
agencies, and designated depository and international exchange
libraries as authorized by law, $31,296,000: Provided, That amounts of
not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets
and other related publications for fiscal years 2018 and 2019 to
depository and other designated libraries: Provided further, That
unobligated or unexpended balances of expired discretionary funds made
available under this heading in this Act for this fiscal year may be
transferred to, and merged with, funds under the heading ``Government
Publishing Office Business Operations Revolving Fund'' no later than
the end of the fifth fiscal year after the last fiscal year for which
such funds are available for the purposes for which appropriated, to be
available for carrying out the purposes of this heading, subject to the
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,704,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the Business Operations Revolving Fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
Business Operations Revolving Fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the Business Operations Revolving Fund may provide
information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $630,000,000: Provided, That, in addition,
$24,800,000 of payments received under sections 782, 791, 3521, and
9105 of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,900,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2020 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate,
unless through regulations as authorized by section 402(b)(8) of the
Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made
available under this Act may be used to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE Corporation or a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology's (NIST) Federal Information Processing Standard Publication
199, ``Standards for Security Categorization of Federal Information and
Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted an
assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by
the People's Republic of China, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system is
in the vital national security interest of the United States;
and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for acquisition
and a detailed description of the mitigation strategies
identified in paragraph (1), provided that such report may
include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities or other official government
activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this division that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in
consultation with disability advocacy groups, to eliminate or reduce
plastic waste, including waste from plastic straws, explore the use of
biodegradable items, and increase recycling and composting
opportunities.
adjustment to normal cost percentage rates
Sec. 211. Section 8423(a)(1)(B)(i) of title 5, United States Code,
is amended by inserting ``(including a separate normal-cost percentage
for Congressional employees that are members of the Capitol Police
covered under subsection (d) of section 8412 and subsection (c) of
section 8425)'' after ``Congressional employees''.
congressional staff compensation
Sec. 212. (a) Senate.--
(1) Change in maximum rates.--
(A) In general.--Section 105 of the Legislative
Branch Appropriation Act, 1968 (2 U.S.C. 4575) is
amended--
(i) in subsection (d)(2), in the second
sentence, by striking ``or in excess'' and all
that follows through ``per annum.'' and
inserting ``or in excess of $173,900.'';
(ii) in subsection (e)(3)(B), by striking
``in excess of'' and all that follows and
inserting ``in excess of $173,900.''; and
(iii) in subsection (f), in the first
sentence, by striking ``or in excess'' and all
that follows through ``unless expressly'' and
inserting ``or in excess of $173,900, unless
expressly''.
(B) Authority for statutory employees.--
(i) Fixed salary positions.--For any
position for which the Secretary of the Senate
disburses the pay for the position and for
which the specific amount of the rate of pay
for the particular position is fixed by statute
on the day before the effective date of the
amendments made by this section, on and after
such effective date the amount of the rate of
pay for such position shall be fixed by the
President pro tempore in an amount not to
exceed the maximum rate of pay in effect under
section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).
(ii) Positions with maximums.--For any
position for which the Secretary of the Senate
disburses the pay for the position and for
which the maximum rate of pay for the
particular position is fixed by statute on the
day before the effective date of the amendments
made by this section, on and after such
effective date the maximum rate of pay for such
position shall be fixed by the President pro
tempore, which shall not exceed the maximum
rate of pay in effect under section 105(f) of
the Legislative Branch Appropriation Act, 1968
(2 U.S.C. 4575(f)).
(2) Adjustments.--
(A) In general.--Section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571) is amended--
(i) in subsection (a)--
(I) in paragraph (1)--
(aa) in subparagraph (A),
by striking ``or'' at the end;
and
(bb) by striking
subparagraph (B) and inserting
the following:
``(B) in the case of such personnel appointed to positions
for which the rates of pay for the particular positions were
fixed by or pursuant to law at specific rates on the day before
the effective date of the amendments made by section 212 of the
Legislative Branch Appropriations Act, 2020, adjust such rates;
and
``(C) in the case of such personnel appointed to positions
for which the maximum rates of pay for the particular positions
were fixed by or pursuant to law on the day before such
effective date, adjust such maximum rates; and''; and
(II) in the matter following
paragraph (2)--
(aa) by striking ``and with
such exceptions as may be
necessary to provide for
appropriate pay relationships
between positions''; and
(bb) by striking ``to
restore'' and all that follows
through ``between positions.''
and inserting ``to maintain the
pay relationships that existed
on the effective date of the
amendments made by section 212
of the Legislative Branch
Appropriations Act, 2020
between the maximum rate of pay
for Senate personnel and
Senators.''; and
(ii) in subsection (d), by striking ``to
restore'' and all that follows and inserting
``to maintain the pay relationships that
existed on the effective date of the amendments
made by section 212 of the Legislative Branch
Appropriations Act, 2020 between the maximum
rate of pay for Senate personnel and
Senators.''.
(B) Other adjustments.--Section 315(a) of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C.
4573(a)) is amended by striking ``to the extent
necessary to maintain'' and all that follows and
inserting ``(including such personnel appointed to
positions for which the specific amount of the rate of
pay for the particular position is fixed by statute on
the day before the effective date of the amendments
made by section 212 of the Legislative Branch
Appropriations Act, 2020 and such personnel appointed
to positions for which the maximum rates of pay for the
particular positions were fixed by or pursuant to law
on the day before such effective date) to the extent
necessary to maintain the pay relationships that
existed on such effective date between the maximum rate
of pay for Senate personnel and Senators.''.
(3) Conforming amendments.--
(A) Section 105 of the Legislative Branch
Appropriation Act, 1976 (Public Law 94-59; 89 Stat.
275) is repealed.
(B) Section 201(a)(5)(A) of the Congressional
Budget Act of 1974 (2 U.S.C. 601(a)(5)(A)) is amended
by striking ``the lower of--'' and all that follows and
inserting ``the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(f)).''.
(C) Section 302(a)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1382(a)(2)(B)) is
amended by striking ``the lesser of--'' and all that
follows and inserting ``the maximum rate of pay in
effect under section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(f)).''.
(D) The first section of the Act entitled ``An Act
to fix the annual rates of pay for the Architect of the
Capitol and the Assistant Architect of the Capitol'' (2
U.S.C. 1802) is amended to read as follows:
``SECTION 1. COMPENSATION.
``The compensation of the Architect of the Capitol shall be at an
annual rate which is equal to the maximum rate of pay in effect under
section 105(f) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(f)).''.
(E) Subsection (c) of the first section of the Act
entitled ``An Act to establish by law the position of
Chief of the Capitol Police, and for other purposes''
(2 U.S.C. 1902) is amended by striking ``the lower of''
and all that follows and inserting ``the maximum rate
of pay in effect under section 105(f) of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C.
4575(f)).''.
(F) Senate Resolution 89, 100th Congress, agreed to
January 28, 1987, as enacted into law by section 9 of
the Legislative Branch Appropriations Act, 1990 (2
U.S.C. 6133), is amended in subsection (a) of the first
section by striking ``by the appropriate Leader'' and
all that follows and inserting ``by the appropriate
Leader.''.
(G) Section 2(a) of the Legislative Branch
Appropriations Act, 1988 (as enacted into law by
section 101(i) of Public Law 100-202 (101 Stat. 1329-
290)) (2 U.S.C. 6651) is repealed.
(H) Section 203(g) of the Federal Legislative
Salary Act of 1964 (Public Law 88-426; 78 Stat. 415) is
repealed.
(I) Section 701 of the Ethics in Government Act of
1978 (2 U.S.C. 288) is amended--
(i) by striking paragraph (4) of subsection
(a); and
(ii) in subsection (b)(1), by striking the
second sentence.
(b) House of Representatives.--
(1) Adjustments by speaker of the house.--Section 311(d) of
the Legislative Branch Appropriations Act, 1988 (as enacted
into law by section 101(i) of Public Law 100-202 (101 Stat.
1329-290)) (2 U.S.C. 4532) is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) the maintenance of the pay relationship described in
paragraph (3).'';
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) The pay relationship described in this paragraph is the
relationship in existence as of the effective date of the amendments
made by section 212 of the Legislative Branch Appropriations Act, 2020
between--
``(A) an annual rate of pay of $173,900; and
``(B) the annual rate of pay of a Member of the House of
Representatives who is not the Speaker, Majority Leader, or
Minority Leader of the House.''.
(2) Pay adjustments by chief administrative officer.--
Section 4(e) of the Federal Pay Comparability Act of 1970 (2
U.S.C. 4531(e)) is amended to read as follows:
``(e) No rate of pay for any position shall be adjusted under this
section to an amount in excess of the rate of pay in effect for such
position under an order issued by the Speaker of the House of
Representatives pursuant to the authority of section 311(d) of the
Legislative Branch Appropriations Act, 1988 (2 U.S.C. 4532).''.
(3) Certain positions of the house of representatives.--
(A) Legislative counsel.--Section 523 of the
Legislative Reorganization Act of 1970 (2 U.S.C. 282b)
is amended--
(i) in subsection (a), by striking ``equal
to the rate of basic pay'' and all that follows
and inserting ``equal to the greater of
$173,900 or the rate of pay in effect for such
position under an order issued by the Speaker
of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C.
4532).''; and
(ii) in subsection (b), by striking ``in
excess of the rate of basic pay'' and all that
follows and inserting ``in excess of the
applicable rate of pay in effect under an order
issued by the Speaker of the House of
Representatives pursuant to the authority of
section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(B) Law revision counsel.--Section 205(f) of House
Resolution 988, 93rd Congress, agreed to October 8,
1974, as enacted into law by the matter under the
heading ``Administrative Provisions'' under the heading
``HOUSE OF REPRESENTATIVES'' under chapter III of title
I of the Supplemental Appropriations Act, 1975 (2
U.S.C. 285e), is amended by striking ``Law Revision
Counsel shall be paid'' and all that follows and
inserting ``Law Revision Counsel shall be paid at a per
annum gross rate determined by the Speaker not to
exceed the greater of $173,900 or the rate of pay in
effect for such position under an order issued by the
Speaker pursuant to the authority of section 311(d) of
the Legislative Branch Appropriations Act, 1988 (2
U.S.C. 4532); and members of the staff of the Office
other than the Law Revision Counsel shall be paid at
per annum gross rates fixed by the Law Revision Counsel
with the approval of the Speaker or in accordance with
policies approved by the Speaker, but not in excess of
the applicable rate of pay in effect under an order
issued by the Speaker pursuant to the authority of such
section.''.
(C) Parliamentarian.--Section 4 of House Resolution
502, 95th Congress, agreed to April 20, 1977, as
enacted into law by section 115 of the Legislative
Branch Appropriation Act, 1978 (2 U.S.C. 287c), is
amended--
(i) in subsection (a), by striking ``but
not in excess'' and all that follows and
inserting ``but not in excess of the greater of
$173,900 or the rate of pay in effect for such
position under an order issued by the Speaker
of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C.
4532).''; and
(ii) in subsection (b), by striking ``, but
not in excess of the rate of basic pay set
forth in subsection (a)'' and inserting ``but
not in excess of the applicable rate of pay in
effect under an order issued by the Speaker of
the House of Representatives pursuant to the
authority of section 311(d) of the Legislative
Branch Appropriations Act, 1988 (2 U.S.C.
4532)''.
(D) Chaplain.--Section 3 of House Resolution 661,
95th Congress, agreed to July 29, 1977, as enacted into
law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 5521), is amended by
striking section 3 and inserting the following:
``Sec. 3. The maximum per year gross rate of compensation of the
Chaplain of the House of Representatives shall not exceed the greater
of $173,900 or the rate of pay in effect for such position under an
order issued by the Speaker of the House of Representatives pursuant to
the authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(E) Certain leadership employees.--Subsection (b)
of the first section of House Resolution 393, 95th
Congress, agreed to March 31, 1977, as enacted into law
by section 115 of the Legislative Branch Appropriation
Act, 1978 (2 U.S.C. 5141(b)), is amended by striking
``The annual rate'' and all that follows through
``United States Code,'' and inserting the following:
``The maximum annual rate of compensation for any
individual employed under subsection (a) shall not
exceed the greater of $173,900 or the applicable rate
of pay in effect under an order issued by the Speaker
of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532),''.
(4) Chief of staff of joint committee on taxation.--Section
214(e) of the Postal Revenue and Federal Salary Act of 1967 (2
U.S.C. 4302) is amended by striking ``The per annum rate of
compensation'' and all that follows through the period at the
end and inserting the following: ``The maximum annual rate of
compensation of the Chief of Staff of the Joint Committee on
Taxation shall not exceed the greater of $173,900 or the rate
of pay in effect for such position under an order issued by the
Speaker of the House of Representatives pursuant to the
authority of section 311(d) of the Legislative Branch
Appropriations Act, 1988 (2 U.S.C. 4532).''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first applicable pay period
beginning on or after January 1, 2020; or
(2) the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2020''.
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,178,499,000, to remain
available until September 30, 2024: Provided, That, of this amount,
not to exceed $136,099,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of the Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,449,632,000, to remain available until September 30,
2024: Provided, That, of this amount, not to exceed $178,715,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,687,230,000, to remain available until September 30, 2024:
Provided, That, of this amount, not to exceed $153,148,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,362,529,000, to remain available until September 30, 2024:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further,
That, of the amount, not to exceed $298,655,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $210,819,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $20,469,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the
Army National Guard determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $164,471,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $17,000,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Director of the Air
National Guard determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $60,928,000, to
remain available until September 30, 2024: Provided, That, of the
amount, not to exceed $6,000,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Army Reserve determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $54,955,000, to remain available until September
30, 2024: Provided, That, of the amount, not to exceed $4,780,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of the
Navy determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $59,750,000, to
remain available until September 30, 2024: Provided, That, of the
amount, not to exceed $4,604,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $172,005,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $398,526,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $141,372,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $357,907,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $47,661,000, to remain
available until September 30, 2024.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $317,870,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $103,631,000, to remain available
until September 30, 2024.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $295,016,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $57,000,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,045,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $500,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
(including transfer of funds)
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2024:
``Military Construction, Army'', $79,500,000;
``Military Construction, Navy and Marine Corps'',
$374,529,000;
``Military Construction, Air Force'', $288,200,000;
``Military Construction, Army National Guard'',
$155,000,000;
``Military Construction, Air National Guard'', $57,000,000;
``Military Construction, Air Force Reserve'', $24,800,000;
and
``Military Construction, Defense-Wide'', $66,880,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2020 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 125. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``Military Construction, Defense-Wide'', $45,055,000; and
``NATO Security Investment Program'', $25,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 126. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 127. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 128. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force: (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
Sec. 129. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2020 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 130. For an additional amount for the accounts and in the
amounts specified for planning and design, for improving military
installation resilience, to remain available until September 30, 2024:
``Military Construction, Army'', $20,000,000;
``Military Construction, Navy and Marine Corps'',
$35,000,000; and
``Military Construction, Air Force'', $20,000,000:
Provided, That not later than 60 days after enactment of this Act,
the Secretary of the military department concerned, or his or her
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Family Housing Operation and Maintenance, Army'',
$50,000,000;
``Family Housing Operation and Maintenance, Navy and Marine
Corps'', $59,600,000; and
``Family Housing Operation and Maintenance, Air Force'',
$31,200,000.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$1,439,931,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2019; and, $118,246,975,000 shall become available on October 1, 2020:
Provided, That not to exceed $18,147,000 of the amount made available
for fiscal year 2021 under this heading shall be reimbursed to
``General Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of title 38,
United States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation: Provided
further, That such sums as may be earned on an actual qualifying
patient basis, shall be reimbursed to ``Medical Care Collections Fund''
to augment the funding of individual medical facilities for nursing
home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$12,578,965,000, to remain available until expended and to become
available on October 1, 2020: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $17,620,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2019, to remain available until expended; and,
in addition, $129,224,000, shall become available on October 1, 2020,
and shall remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2020, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $200,377,391.
vocational rehabilitation loans program account
For the cost of direct loans, $57,729, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,008,232.
In addition, for administrative expenses necessary to carry out the
direct loan program, $401,880, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,186,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,125,000,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 10 percent shall
remain available until September 30, 2021.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$56,158,015,000, plus reimbursements, shall become available on October
1, 2020, and shall remain available until September 30, 2021:
Provided, That, of the amount made available on October 1, 2020, under
this heading, $1,500,000,000 shall remain available until September 30,
2022: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous
proviso shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the acquisition of
prosthetics designed specifically for female veterans: Provided
further, That of the amount that became available on October 1, 2019,
under this heading, not less than $585,000,000 shall be for gender-
specific care for women.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,521,400,000, which shall be in addition to
funds previously appropriated under this heading that became available
on October 1, 2019; and, in addition, $17,131,179,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$2,000,000,000 shall remain available until September 30, 2022:
Provided further, That $615,000,000 of the additional amounts provided
for fiscal year 2020 under this heading in this Act shall be derived by
transfer from the Veterans Choice Fund pursuant to the authority in
section 802(c)(4) of the Veterans Access, Choice, and Accountability
Act of 2014, as amended (38 U.S.C. 1701 note), from prior year
unobligated balances in that Fund that were provided by section 510 of
the VA MISSION Act of 2018 (Public Law 115-182).
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), $98,800,000
which shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2019; and, in addition,
$7,914,191,000, plus reimbursements, shall become available on October
1, 2020, and shall remain available until September 30, 2021:
Provided, That, of the amount made available on October 1, 2020, under
this heading, $150,000,000 shall remain available until September 30,
2022.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $6,433,265,000, plus
reimbursements, shall become available on October 1, 2020, and shall
remain available until September 30, 2021: Provided, That, of the
amount made available on October 1, 2020, under this heading,
$250,000,000 shall remain available until September 30, 2022.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $800,000,000, plus reimbursements, shall
remain available until September 30, 2021: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $329,000,000, of which not to exceed 10
percent shall remain available until September 30, 2021.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $355,911,000, of which not to exceed 10
percent shall remain available until September 30, 2021: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$182,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2021.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,371,615,000, plus reimbursements: Provided, That $1,204,238,000
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2021: Provided further,
That $2,739,597,000 shall be for operations and maintenance, of which
not to exceed 5 percent shall remain available until September 30,
2021: Provided further, That $427,780,000 shall be for information
technology systems development, and shall remain available until
September 30, 2021: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and information
technology systems development may be transferred among the three
subaccounts after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued: Provided further, That
amounts made available for the ``Information Technology Systems''
account for development may be transferred among projects or to newly
defined projects: Provided further, That no project may be increased
or decreased by more than $1,000,000 of cost prior to submitting a
request to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That the funds made
available under this heading for information technology systems
development shall be for the projects, and in the amounts, specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,500,000,000, to remain available until
September 30, 2022: Provided, That the Secretary of Veterans Affairs
shall submit to the Committees on Appropriations of both Houses of
Congress quarterly reports detailing obligations, expenditures, and
deployment implementation by facility: Provided further, That the
funds provided in this account shall only be available to the Office of
the Deputy Secretary, to be administered by that Office: Provided
further, That none of the funds made available under this heading may
be obligated in a manner inconsistent with deployment schedules
provided to the Committees on Appropriations unless the Secretary of
Veterans Affairs provides notification to the Committees on
Appropriations of such change and an approval is issued.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $210,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2021.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,235,200,000, of which
$1,036,600,000 shall remain available until September 30, 2024, and of
which $198,600,000 shall remain available until expended, of which
$35,000,000 shall be available for seismic improvement projects and
seismic program management activities, including for projects that
would otherwise be funded by the Construction, Minor Projects, Medical
Facilities or National Cemetery Administration accounts: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and funds provided
for the purchase, security, and maintenance of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project that has not been notified to Congress through the budgetary
process or that has not been approved by the Congress through statute,
joint resolution, or in the explanatory statement accompanying such Act
and presented to the President at the time of enrollment: Provided
further, That such sums as may be necessary shall be available to
reimburse the ``General Administration'' account for payment of
salaries and expenses of all Office of Construction and Facilities
Management employees to support the full range of capital
infrastructure services provided, including minor construction and
leasing services: Provided further, That funds made available under
this heading for fiscal year 2020, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2020; and (2) by the awarding of a construction contract
by September 30, 2021: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That notwithstanding the requirements of section 8104(a) of
title 38, United States Code, amounts made available under this heading
for seismic improvement projects and seismic program management
activities shall be available for the completion of both new and
existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$398,800,000, to remain available until September 30, 2024, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of
state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2020 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers
among the ``Medical Services'', ``Medical Community Care'', and
``Medical Support and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may take place
only after the Secretary requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to or from
the ``Medical Facilities'' account may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2019.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2020, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2020 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2020 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, the Office of Employment
Discrimination Complaint Adjudication, and the Office of Diversity and
Inclusion for all services provided at rates which will recover actual
costs but not to exceed $57,263,000 for the Office of Resolution
Management, $6,000,000 for the Office of Employment Discrimination
Complaint Adjudication, and $4,628,000 for the Office of Diversity and
Inclusion: Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further, That
amounts received shall be credited to the ``General Administration''
and ``Information Technology Systems'' accounts for use by the office
that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2020 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2020 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $314,409,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division C
of Public Law 115-244 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2020, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $322,931,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 225. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 227. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 228. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2020 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2020, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 230. Amounts made available for the Department of Veterans
Affairs for fiscal year 2020, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
five-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 233. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs (VA) hospitals, domiciliaries,
or clinics, conduct an environmental assessment, or to diminish
healthcare services at existing Veterans Health Administration medical
facilities as part of a planned realignment of VA services until the
Secretary provides to the Committees on Appropriations of both Houses
of Congress a report including the following elements--
(1) a national realignment strategy that includes a
detailed description of realignment plans within each Veterans
Integrated Services Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other outsourced
services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in any
VISN, which have been authorized or approved by Congress.
Sec. 234. Effective during the period beginning on October 1, 2018
and ending on January 1, 2024, none of the funds made available to the
Secretary of Veterans Affairs by this or any other Act may be obligated
or expended in contravention of the ``Veterans Health Administration
Clinical Preventive Services Guidance Statement on the Veterans Health
Administration's Screening for Breast Cancer Guidance'' published on
May 10, 2017, as issued by the Veterans Health Administration National
Center for Health Promotion and Disease Prevention.
Sec. 235. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account may be used to
provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum on
the subject of ``Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members'' issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such a
member except that--
(A) the time periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under the
same terms as apply under the adoption reimbursement program of
the Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the reimbursement limits
and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection
(a) of this section are subject to the requirements for funds contained
in section 508 of division H of the Consolidated Appropriations Act,
2018 (Public Law 115-141).
Sec. 236. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 237. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 238. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than 5 years after the
date of the enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
Sec. 239. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2020 and 2021 for ``Medical Services'', section
239 of Division A of Public Law 114-223 shall apply.
Sec. 240. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2020 and fiscal year 2021 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 242. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 243. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2020 and 2021, section 258 of Division A of
Public Law 114-223 shall apply.
Sec. 244. (a) None of the funds appropriated or otherwise made
available by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly
limits the right of access of such Inspector General.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General covered by this section shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the department or agency over which that
Inspector General has responsibilities under the Inspector General Act
of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this section.
Sec. 245. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2020 and 2021, section 248 of Division A of
Public Law 114-223 shall apply.
Sec. 246. (a) The Secretary of Veterans Affairs may use amounts
appropriated or otherwise made available in this title to ensure that
the ratio of veterans to full-time employment equivalents within any
program of rehabilitation conducted under chapter 31 of title 38,
United States Code, does not exceed 125 veterans to one full-time
employment equivalent.
(b) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the programs of
rehabilitation conducted under chapter 31 of title 38, United States
Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 247. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 248. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2020 to convert any program which received specific
purpose funds in fiscal year 2019 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least thirty days prior to any such action and an
approval is issued by the Committees.
Sec. 249. (a) None of the funds appropriated or otherwise made
available by this Act may be used to conduct research commencing on or
after October 1, 2019, that uses any canine, feline, or non-human
primate unless the Secretary of Veterans Affairs approves such research
specifically and in writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of
research commencing on or after October 1, 2019, using canines,
felines, or non-human primates if the Secretary determines that--
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an
illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement of such
research, the Secretary shall submit to the Committees on
Appropriations of the Senate and House of Representatives a report
describing--
(1) the nature of the research to be conducted using
canines, felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the
Secretary that the scientific objectives of such research could
only be met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and
(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment of this
Act, and biannually thereafter, the Secretary shall submit to such
Committees a report describing--
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was
conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-
human primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) Not later than December 31, 2020, the Secretary shall submit to
such Committees a plan under which the Secretary will eliminate or
reduce the research conducted using canines, felines, or non-human
primates by not later than five years after the date of the enactment
of this Act.
Sec. 250. None of the funds made available by this Act may be used
by the Secretary of Veterans Affairs to close the community based
outpatient clinic located in Bainbridge, New York, until the Secretary
of Veterans Affairs submits to the Committees on Appropriations of the
House of Representatives and the Senate a market area assessment.
Sec. 251. (a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the appropriate committees of Congress a plan to reduce the
chances that clinical mistakes by employees of the Department of
Veterans Affairs will result in adverse events that require
institutional or clinical disclosures and to prevent any unnecessary
hardship for patients and families impacted by such adverse events.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) A description of a process for the timely
identification of individuals impacted by disclosures described
in subsection (a) and the process for contacting those
individuals or their next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process
of the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated pursuant
to the plan.
(5) A timeline detailing the implementation of the plan.
(6) An identification of the senior executive of the
Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning
and that result in disclosures and to ensure that the medical
impact on veterans of such disclosures is minimized.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Subcommittee
on Military Construction, Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives.
Sec. 252. (a) Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every five-
year period thereafter, the Secretary of Veterans Affairs shall update
the handbook of the Department of Veterans Affairs titled ``Planning
and Activating Community Based Outpatient Clinics'', or a successor
handbook, to reflect current policies, best practices, and clarify the
roles and responsibilities of the personnel of the Department involved
in the leasing projects of the Department.
(b) The Secretary shall ensure that the handbook specified in
subsection (a) defines ``community based outpatient clinic'' in the
same manner as such term is defined in the Veterans Health
Administration Site Tracking database (commonly known as ``VAST'') as
of the date of the enactment of this Act.
(c) The Secretary shall ensure that the Veterans Health
Administration incorporates the best practices contained in the
handbook specified in subsection (a) in conducting oversight of the
medical centers of the Department of Veterans Affairs and the Veterans
Integrated Service Network.
(d) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall provide guidance and training to employees of
the Veterans Health Administration for the use of the handbook
specified in subsection (a). The Secretary shall update such guidance
and training together with each update of such handbook.
(rescissions of funds)
Sec. 253. Of the unobligated balances available to the Department
of Veterans Affairs from prior appropriations Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
``Veterans Health Administration, Medical Services'',
$350,000,000;
``Veterans Health Administration, Medical Support and
Compliance'', $10,000,000;
``Veterans Health Administration, Medical and Prosthetic
Research'', $50,000,000;
``Veterans Health Administration, DOD-VA Health Care
Sharing Incentive Fund'', $15,949,000;
``National Cemetery Administration'', $1,000,000;
``Departmental Administration, Board of Veterans Appeals'',
$8,000,000; and
``Departmental Administration, Veterans Electronic Health
Record'', $70,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 254. Section 252 of the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2018 (division J of
Public Law 115-141; 132 Stat. 825; 38 U.S.C. 1701 note) is amended by
striking ``The Secretary may carry out a 2-year pilot program'' and
inserting ``During the period preceding October 1, 2022, the Secretary
of Veterans Affairs may carry out a 2-year pilot program''.
(rescission of funds)
Sec. 255. The remaining unobligated balances in the ``Department
of Veterans Affairs--Departmental Administration--General Operating
Expenses'' account from the following funds appropriated in Public Law
107-38 are hereby rescinded: Provided, That the amounts rescinded
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of that Act:
(1) funds subject to subsequent enactment and transferred
pursuant to chapter 13 of division B of Public Law 107-117; and
(2) funds made available and subsequently transferred
pursuant to the first proviso under the heading ``Executive
Office of the President and Funds Appropriated to the
President--Emergency Response Fund''.
Sec. 256. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2020 and 2021 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 257. Hereafter, the matter preceding the first proviso under
the heading ``Veterans Health Administration, Medical Services'' in
title II of division C of Public Law 115-244 shall be applied for the
purpose of the appropriations under that heading that became available
on October 1, 2019, by striking ``aid to State homes as authorized by
section 1741 of title 38, United States Code,''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $84,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $35,400,000: Provided, That
$2,698,997 shall be available for the purpose of providing financial
assistance as described and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $80,800,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2022. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,300,000, of which $12,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$111,968,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $94,570,000, to remain available until September 30,
2024, for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force''
$391,988,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $46,000,000, to remain available until September 30, 2024, for
projects outside of the United States: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. None of the funds appropriated for military construction
projects outside the United States under this title may be obligated or
expended for planning and design of any project associated with the
European Deterrence Initiative until the Secretary of Defense develops
and submits to the congressional defense committees, in a classified
and unclassified format, a list of all of the military construction
projects associated with the European Deterrence Initiative which the
Secretary anticipates will be carried out during each of the fiscal
years 2021 through 2025.
TITLE V
NATURAL DISASTER RELIEF
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $3,477,000,000, to remain available until September 30,
2024, for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That none of the funds made available in this Act
to the Navy and Marine Corps for such recovery efforts shall be
available for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60 days after
enactment of this Act, the Secretary of the Navy, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$2,605,200,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael
and Florence and flooding and earthquakes occurring in fiscal year
2019: Provided, That none of the funds made available in this Act to
the Air Force for such recovery efforts shall be available for
obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after
enactment of this Act, the Secretary of the Air Force, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $77,175,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael
and Florence and flooding and earthquakes occurring in fiscal year
2019: Provided, That none of the funds made available in this Act to
the Department of Defense for such recovery efforts shall be available
for obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after
enactment of this Act, the Secretary of Defense, or his designee, shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $66,000,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricanes Michael
and Florence and flooding, tornadoes, and earthquakes occurring in
fiscal year 2019: Provided, That none of the funds made available in
this Act to the Army National Guard for such recovery efforts shall be
available for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60 days after
enactment of this Act, the Director of the Army National Guard, or his
designee, shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $3,300,000, to remain available until September 30, 2024,
for necessary expenses related to the consequences of Hurricanes
Michael and Florence and flooding and earthquakes occurring in fiscal
year 2019: Provided, That none of the funds made available in this Act
to the Army Reserve for such recovery efforts shall be available for
obligation until the Committees on Appropriations of the House of
Representatives and the Senate receive form 1391 for each specific
request: Provided further, That, not later than 60 days after
enactment of this Act, the Secretary of the Army, or his designee,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading in this title: Provided further, That such
funds may be obligated or expended for planning and design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISION
Sec. 501. Notwithstanding any other provision of law, funds made
available under each heading in this title shall only be used for the
purposes specifically described under that heading.
TITLE VI
GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 602. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 603. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 604. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 605. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 606. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 607. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 608. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 609. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 610. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 611. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 612. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 613. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
Sec. 614. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2020''.
DIVISION G--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,125,687,000, of which
$754,468,000 may remain available until September 30, 2021, and of
which up to $4,095,899,000 may remain available until expended for
Worldwide Security Protection: Provided, That of the amount made
available under this heading for Worldwide Security Protection,
$2,626,122,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$2,896,063,000, of which up to $509,782,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,840,143,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $780,057,000.
(4) Security programs.--For necessary expenses for security
activities, $3,609,424,000, of which up to $3,586,117,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this
Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(7) Clarification.--References to the ``Diplomatic and
Consular Programs'' account in any provision of law shall in
this fiscal year, and each fiscal year thereafter, be construed
to include the ``Diplomatic Programs'' account.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $139,500,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until September
30, 2021: Provided, That funds appropriated under this heading are
made available notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to
remain available until September 30, 2021, which is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading that are made available for the
printing and reproduction costs of SIGAR shall not exceed amounts for
such costs during fiscal year 2019.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $730,700,000, to remain available until
expended, of which not less than $272,000,000 shall be for the
Fulbright Program and not less than $111,860,000 shall be for Citizen
Exchange Program: Provided, That fees or other payments received from,
or in connection with, English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized may be
credited to this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S.
McCain Scholars Program, pursuant to section 7075 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2019 (division F of Public Law 116-6): Provided further, That funds
appropriated under this heading shall be made available for a Civil
Society Exchange Program, in accordance with the requirements specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), and
following consultation with the Committees on Appropriations: Provided
further, That any substantive modifications from the prior fiscal year
to programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,212,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2021.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $769,800,000, to remain
available until September 30, 2024, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,205,649,000, to remain
available until expended, of which $424,087,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,563,619.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $743,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,473,806,000, of
which $96,240,000, to remain available until September 30, 2021, is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That the
Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31,
United States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the Secretary
of State shall notify the Committees on Appropriations at least 15 days
in advance (or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That any payment of
arrearages under this heading shall be directed to activities that are
mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall
be available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,526,383,000, of
which $988,656,000 is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided, That of the funds made available under this
heading, up to $1,069,315,000 may remain available until September 30,
2021: Provided further, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance of
voting for such mission in the United Nations Security Council (or in
an emergency as far in advance as is practicable), the Committees on
Appropriations are notified of: (1) the estimated cost and duration of
the mission, the objectives of the mission, the national interest that
will be served, and the exit strategy; and (2) the sources of funds,
including any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost in future
fiscal years: Provided further, That none of the funds appropriated
under this heading may be made available for obligation unless the
Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of
sexual exploitation and abuse or other violations of human rights, and
to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided further, That
the Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
the Secretary of State shall work with the United Nations and members
of the United Nations Security Council to evaluate and prioritize
peacekeeping missions, and to consider a drawdown when mission goals
have been substantially achieved: Provided further, That any payment
of arrearages with funds appropriated by this Act shall be subject to
the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,170,000.
construction
For detailed plan preparation and construction of authorized
projects, $36,900,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$15,008,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $1,250,000 may remain
available until September 30, 2021, and up to $9,000 may be made
available for representation expenses: Provided further, That of the
amount provided under this heading for the International Boundary
Commission, up to $1,000 may be made available for representation
expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $62,718,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $798,696,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $40,708,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $20,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the USAGM shall notify the
Committees on Appropriations within 15 days of any determination by the
USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of
section 303 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6202) or the entity's journalistic code of ethics: Provided
further, That in addition to funds made available under this heading,
and notwithstanding any other provision of law, up to $5,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall remain
available until expended for carrying out authorized purposes:
Provided further, That significant modifications to USAGM broadcast
hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet,
and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That up to $7,000,000 from the USAGM
Buying Power Maintenance account may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'', which shall remain available until expended:
Provided further, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision of law
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That any reference to the ``Broadcasting Board of Governors''
or ``BBG'', including in any account providing amounts to the
Broadcasting Board of Governors, in any Act making appropriations for
the Department of State, foreign operations, and related programs
enacted before, on, or after the date of the enactment of this Act
shall for this fiscal year, and any fiscal year thereafter, be
construed to mean the ``United States Agency for Global Media'' or
``USAGM'', respectively.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $11,700,000, to remain available until expended, as
authorized, of which not less than $2,000,000 shall be made available
for emergency repairs to USAGM transmitting stations.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
expended: Provided, That funds appropriated under this heading shall
be apportioned and obligated to the Foundation not later than 60 days
after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $45,000,000, to remain available until September 30, 2021,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2020, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2020, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2020, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That funds appropriated under this heading
shall be apportioned and obligated to the Center not later than 60 days
after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $300,000,000, to remain available until
expended, of which $195,840,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$104,160,000 shall be for democracy programs: Provided, That the
requirements of section 7061(a) of this Act shall not apply to funds
made available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and obligated to
the Endowment not later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $675,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2020: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2021,
including not more than $4,000 for representation expenses: Provided,
That prior to the obligation of $1,000,000 of the funds appropriated
under this heading, the Commission shall consult with the appropriate
congressional committees on the status of legislation to reauthorize
the Commission, and such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $2,579,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2021.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2021.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2021:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2020 and shall apply to
funds appropriated under this heading.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,377,246,000, of which up to
$206,587,000 may remain available until September 30, 2021: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the USAID
Administrator has identified such proposed use of funds in a report
submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That
contracts or agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year: Provided further, That the USAID Administrator
shall consult with the Committees on Appropriations not later than 60
days after enactment of this Act on changes to the account structure as
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $210,300,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $75,500,000, of which up to
$11,325,000 may remain available until September 30, 2021, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,162,450,000, to remain available until September 30, 2021,
and which shall be apportioned directly to the United States Agency for
International Development not later than 60 days after enactment of
this Act: Provided, That this amount shall be made available for
training, equipment, and technical assistance to build the capacity of
public health institutions and organizations in developing countries,
and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to, unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for a United
States contribution to The GAVI Alliance: Provided further, That none
of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That any determination made under the previous proviso must be made not
later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects which
offer, either directly or through referral to, or information about
access to, a broad range of family planning methods and services, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,930,000,000, to remain
available until September 30, 2024, which shall be apportioned directly
to the Department of State not later than 60 days after enactment of
this Act: Provided, That funds appropriated under this paragraph may
be made available, notwithstanding any other provision of law, except
for the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25), for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria
(Global Fund): Provided further, That the amount of such contribution
shall be $1,560,000,000 and shall be for the first installment of the
sixth replenishment: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2020 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph, up to
$17,000,000 may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the Office
of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $3,400,000,000, to remain
available until September 30, 2021: Provided, That funds made
available under this heading shall be apportioned directly to the
United States Agency for International Development not later than 60
days after enactment of this Act.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,395,362,000,
to remain available until expended, of which $1,733,980,000 is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
made available under this heading shall be apportioned to the United
States Agency for International Development not later than 60 days
after enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961, and to
support transition to democracy and long-term development of countries
in crisis, $92,043,000, to remain available until expended: Provided,
That such support may include assistance to develop, strengthen, or
preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict:
Provided further, That the USAID Administrator shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interest of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities administered
by the United States Agency for International Development to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be
apportioned to USAID not later than 60 days after enactment of this
Act: Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,045,000,000, to
remain available until September 30, 2021.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $178,450,000, to remain available
until September 30, 2021, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State, and shall be apportioned to such Bureau not
later than 60 days after enactment of this Act: Provided, That funds
appropriated under this heading that are made available to the National
Endowment for Democracy and its core institutes are in addition to
amounts otherwise available by this Act for such purposes: Provided
further, That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph.
For an additional amount for such purposes, $95,250,000, to remain
available until September 30, 2021, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, and shall be apportioned
to such Bureau not later than 60 days after enactment of this Act.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $770,334,000, to remain available until September
30, 2021, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22
U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be administered in
accordance with the responsibilities of the coordinator designated
pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance: Provided further, That funds appropriated under
this heading may be made available for contributions to multilateral
initiatives to counter hybrid threats: Provided further, That any
notification of funds made available under this heading in this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on
notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
and other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
by sections 5921 through 5925 of title 5, United States Code; purchase
and hire of passenger motor vehicles; and services as authorized by
section 3109 of title 5, United States Code, $3,432,000,000, to remain
available until expended, of which: $1,521,355,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
be made available to respond to small-scale emergency humanitarian
requirements; and $5,000,000 shall be made available for refugees
resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided, That
amounts in excess of the limitation contained in paragraph (2) of such
section shall be transferred to, and merged with, funds made available
by this Act under the heading ``Migration and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $6,330,000 is
for the Office of Inspector General, to remain available until
September 30, 2021: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That none of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation: Provided further, That section 605(e) of the MCA (22
U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be
made available for a Millennium Challenge Compact entered into pursuant
to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $37,500,000, to remain available
until September 30, 2021: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$33,000,000, to remain available until September 30, 2021, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended, of which not more than $6,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as
described in section 129(d)(3)(A) of the Foreign Assistance Act of
1961, without regard to the location in which such services are
performed.
debt restructuring
For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until
September 30, 2021.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,391,000,000, to remain available until
September 30, 2021: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $5,000,000, and any agreement made pursuant to section
632(a) of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $895,750,000, to remain
available until September 30, 2021, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $457,348,000, of which
$325,213,000, to remain available until September 30, 2021, is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
appropriated under this heading may be used, notwithstanding section
660 of the Foreign Assistance Act of 1961, to provide assistance to
enhance the capacity of foreign civilian security forces, including
gendarmes, to participate in peacekeeping operations: Provided
further, That of the funds appropriated under this heading, not less
than $31,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission in the
Sinai and not less than $71,000,000 shall be made available for the
Global Peace Operations Initiative: Provided further, That funds
appropriated under this heading may be made available to pay assessed
expenses of international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds appropriated by this
Act under the heading ``Contributions for International Peacekeeping
Activities'': Provided further, That none of the funds appropriated
under this heading shall be obligated except as provided through the
regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $112,925,000, of which up to
$11,000,000 may remain available until September 30, 2021 and may not
be obligated until the Secretary of State submits to the Committees on
Appropriations, following consultation with such Committees, a
monitoring and evaluation plan for funds made available under this
heading, as described under this heading in Senate Report 116-126:
Provided, That the civilian personnel for whom military education and
training may be provided under this heading may include civilians who
are not members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $50,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,156,924,000, of which $511,909,000, to remain
available until September 30, 2021, is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That of the funds
appropriated under this heading, not less than $3,300,000,000 shall be
available for grants only for Israel which shall be disbursed within 30
days of enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $805,300,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms
Export Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $70,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,082,200,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2020
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $390,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund: Provided further,
That not later than 60 days after enactment of this Act, such funds
shall be made available for core contributions for each entity listed
in the table under this heading in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act) unless otherwise provided for in this Act, or if the Secretary of
State has justified the proposed uses of funds other than for core
contributions following prior consultation with, and subject to the
regular notification procedures of, the Committees on Appropriations.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until, and
to be fully disbursed not later than, September 30, 2021: Provided,
That of such amount, $136,563,000, which shall remain available until
September 30, 2020, is only available for the second installment of the
seventh replenishment of the Global Environment Facility, and shall be
obligated and disbursed not later than 90 days after enactment of this
Act: Provided further, That the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available
until expended.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until, and to be fully disbursed no later than, September 30, 2021, for
the second installment of the eleventh replenishment of the
International Fund for Agricultural Development: Provided, That the
Secretary of the Treasury shall report to the Committees on
Appropriations on the status of such payment not less than quarterly
until fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and disbursement
of any funds that have not yet been obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $5,700,000, of which up to $855,000 may remain available
until September 30, 2021.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2021: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account
for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $2,000,000, to remain available until September 30, 2021.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
and project-specific transaction costs described in section 1434(d) of
such Act, $299,000,000: Provided further, That of the amount
provided--
(1) $119,000,000 shall remain available until September 30,
2022, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section
1434(k) of such Act, of which $1,000,000 shall remain available
until September 30, 2024;
(2) $150,000,000 shall remain available until September 30,
2022, for the activities described in section 1421(c) of such
Act, except such amounts obligated in a fiscal year shall
remain available for disbursement for the term of the
underlying project: Provided further, That if the term of the
project extends longer than 10 fiscal years, the Chief
Executive Officer of the Corporation shall inform the
appropriate congressional committees prior to the obligation or
disbursement of funds, as applicable: Provided further, That
amounts may only be obligated after the Chief Executive Officer
of the Corporation submits to the appropriate congressional
committees the guidelines and criteria required by paragraph
(3) of such section; and
(3) $30,000,000 shall be paid to the ``United States
International Development Finance Corporation--Program
Account'' for programs authorized by subsections (b), (e), (f),
and (g) of section 1421 of the BUILD Act of 2018 (division F of
Public Law 115-254):
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That in this fiscal year, and each fiscal year thereafter, the
Corporation shall collect the amounts described in section 1434(h) of
the BUILD Act of 2018: Provided further, That in fiscal year 2020 such
collections shall be credited as offsetting collections to this
appropriation: Provided further, That such collections collected in
fiscal year 2020 in excess of $299,000,000 shall be credited to this
account and shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided further,
That in fiscal year 2020, if such collections are less than
$299,000,000, receipts collected pursuant to the BUILD Act of 2018 and
the Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That funds appropriated or otherwise
made available under this heading may not be used to provide any type
of assistance that is otherwise prohibited by any other provision of
law or to provide assistance to any foreign country that is otherwise
prohibited by any other provision of law: Provided further, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by the offsetting collections described under
this heading so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2022: Provided, That up to $80,000,000 of amounts
paid to this account from CCA or transferred to this account pursuant
to section 1434(j) of the BUILD Act of 2018 (division F of Public Law
115-254) shall be available for the costs of direct and guaranteed
loans provided by the Corporation pursuant to section 1421(b) of such
Act: Provided further, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such amounts
obligated in a fiscal year shall remain available for disbursement for
the following 8 fiscal years: Provided further, That funds transferred
to carry out the Foreign Assistance Act of 1961 pursuant to section
1434(j) of the BUILD Act of 2018 may remain available for obligation
for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2021, of which no more than $19,000,000 may be used
for administrative expenses: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2020 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
(b) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2020 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(c) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2020,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 116-78.
(d) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility shall
be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is a
security risk to personnel.
(e) Soft Targets.--Of the funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance'', not less
than $10,000,000 shall be made available for security upgrades to soft
targets, including schools, recreational facilities, and residences
used by United States diplomatic personnel and their dependents.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for
Global Media.--
(1) Department of State.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction, and
Maintenance'', and ``Emergencies in the Diplomatic and Consular
Service'' in this Act may be transferred to, and merged with,
funds appropriated under such headings if the Secretary of
State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to security
situations and requirements, following consultation with, and
subject to the regular notification procedures of, such
Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this
Act and under any other provision of law.
(2) United States Agency for Global Media.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for the
United States Agency for Global Media under title I of this Act may be
transferred between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.
(3) Treatment as Reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under section
7015 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered
into between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Limitation.--Amounts transferred pursuant to section
1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) may only be transferred from funds made available under
title III of this Act, and such amounts shall not exceed
$50,000,000: Provided, That any such transfers shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the United
States International Development Finance Corporation (the
Corporation), as appropriate, shall ensure that the programs
funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of
State and USAID: Provided further, That no funds transferred
pursuant to such authority may be used by the Corporation to
post personnel abroad or for activities described in section
1421(c) of such Act.
(2) Development credit authority account.--Funds
transferred from the Development Credit Authority program
account of the United States Agency for International
Development to the Corporate Capital Account of the United
States International Development Finance Corporation pursuant
to section 1434(i) of the BUILD Act of 2018 (division F of
Public Law 115-254) shall be transferred to, and merged with,
such account, and may thereafter be deemed to meet any minimum
funding requirements attributed for at the time of deposit into
the Development Credit Authority program account.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State or USAID and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961,
or any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Transfer of Overseas Contingency Operations/global War on
Terrorism Funds.--Funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing Program''
that are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985 may be
transferred to, and merged with, such funds appropriated under such
headings: Provided, That such transfer authority may only be exercised
to address contingencies: Provided further, That such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law, including section 610 of the Foreign
Assistance Act of 1961: Provided further, That such transfer authority
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available to the
Department of State and the United States Agency for International
Development may be made available to support the use or establishment
of email accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a Federal
government records management program in contravention of the
Presidential and Federal Records Act Amendments of 2014 (Public Law
113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations not later than October 31, 2020, detailing by account
and source year, the use of this authority during the previous fiscal
year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency
for International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2020 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2021 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2021, such taxes have not been reimbursed:
Provided, That the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and entities
that have not reimbursed such taxes, including any amount of funds
withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit a
report to the Committees on Appropriations on the requirements
contained under this section in House Report 116-78.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that
are specifically designated for particular programs or activities by
this or any other Act may be extended for an additional fiscal year if
the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs to the departments and
agencies funded by this Act that remain available for obligation in
fiscal year 2020, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2020, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for
obligation or expenditure for programs, projects, or activities through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``United States International Development Finance Corporation'', and
``Peace Corps'', shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and the United States Agency for
International Development for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti,
Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan,
Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka,
Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations and such notification shall include
the information specified under this section in House Report 116-78.
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that are
made available for lateral entry into the Foreign Service shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such
notification;
(B) the Power Africa initiative, or any successor
program;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this
Act;
(D) the Relief and Recovery Fund and the Global
Fragility Fund, if enacted into law;
(E) the Indo-Pacific Strategy and the Countering
Chinese Influence Fund;
(F) the Global Security Contingency Fund;
(G) the Countering Russian Influence Fund;
(H) programs to end modern slavery; and
(I) the Women's Global Development and Prosperity
Fund.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Foreign Assistance Review or Realignment.--Programmatic,
funding, and organizational changes resulting from implementation of
any foreign assistance review or realignment shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That such notifications may be
submitted in classified form, if necessary.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State and the United States Agency for International
Development.
(b) Records Management and Related Cybersecurity Protections.--The
Secretary of State and USAID Administrator shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for the
Department of State and USAID;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) improve the response time for identifying and
retrieving Federal records, including requests made pursuant to
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961, and shall be made available for such foreign countries and
international organizations notwithstanding the date of the
transmission of such report.
(b) Authorized Deviations Below Minimum Levels.--Unless otherwise
provided for by this Act, the Secretary of State and the Administrator
of the United States Agency for International Development, as
applicable, may deviate by not more than 10 percent below the minimum
amounts specifically designated in the respective tables in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That deviations
pursuant to this subsection shall be subject to prior consultation with
the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act);
(B) funds for which the initial period of
availability has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall not apply
to the table included under the heading ``Global Health
Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), subsection (b) shall be applied by
substituting ``5 percent'' for ``10 percent''.
(e) Reports.--The Secretary of State, USAID Administrator, and
other designated officials, as appropriate, shall submit the reports
required, in the manner described, in House Report 116-78, Senate
Report 116-126, and the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), unless
directed otherwise in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act and the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6) under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall not be included for purposes of meeting
amounts designated for countries in this Act or the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or such prior Act or accompanying joint
explanatory statement, unless such headings are specifically designated
as the source of funds.
multi-year pledges
Sec. 7020. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge meets the requirements enumerated under this section in
House Report 116-78.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)):
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign Military
Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ``program, project, and activity'' shall also be
considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
authorities for the peace corps, inter-american foundation, and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to use the voice and vote of the
United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2020, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the
assessment and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been
determined to be responsible in accordance with USAID
guidelines; and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2020.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to adopt and implement a publicly
available policy, including the strategic use of peer reviews and
external experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 25 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis: Provided, That not
later than 45 days after enactment of this Act, the Secretary shall
submit a report to the Committees on Appropriations on steps taken in
fiscal year 2019 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy, or strategy if such
institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the requirements specified under this
subsection in Senate Report 116-126: Provided, That prior to voting on
any such loan, grant, policy, or strategy the executive director shall
consult with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason to
believe that such loan, grant, policy, or strategy could result in
forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution: Provided, That not later
than 45 days after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken in fiscal
year 2019 by the United States executive directors and the
international financial institutions consistent with this subsection
compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage each such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
insecure communications networks
Sec. 7030. Funds appropriated by this Act shall be made available
for programs to--
(1) advance the adoption of secure, next-generation
communications networks and services, including 5G, and
cybersecurity policies, in countries receiving assistance under
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People's
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports
to the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2021 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (2).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--(A) Officials of foreign governments
and their immediate family members about whom the Secretary of
State has credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry into
the United States.
(B) The Secretary shall also publicly or privately
designate or identify the officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 90 days thereafter, the Secretary of State shall
submit a report, including a classified annex if necessary, to
the appropriate congressional committees and the Committees on
the Judiciary describing the information related to corruption
or violation of human rights concerning each of the individuals
found ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) Public disclosure and independent audits.--(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the
policy of the United States to use the voice and vote of the
United States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any
country for the extraction and export of a natural resource if
the government of such country has in place laws, regulations,
or procedures to prevent or limit the public disclosure of
company payments as required by United States law, and unless
such government has adopted laws, regulations, or procedures in
the sector in which assistance is being considered to meet the
standards included under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request and
in a timely manner, to the Department of State: Provided further, That
not later than 60 days after enactment of this Act, the Secretary of
State and USAID Administrator shall report to the Committees on
Appropriations on the process and timeline required to consolidate data
from USAID's ``Foreign Aid Explorer'' and ``ForeignAssistance.gov'', in
accordance with the requirements specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,400,000,000
shall be made available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and Labor,
Department of State, at not less than the amounts specified for
certain countries and regional programs designated in the table
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law 98-
164), including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development, shall report to the
Committees on Appropriations, not later than 120 days after enactment
of this Act, detailing steps taken by the Department of State and USAID
to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--The United States Agency
for International Development shall continue to implement civil society
and political competition and consensus building programs abroad with
funds appropriated by this Act in a manner that recognizes the unique
benefits of grants and cooperative agreements in implementing such
programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the National
Endowment for Democracy of democracy programs that are planned and
supported by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $20,000,000 shall be made
available to support and protect civil society activists and
journalists who have been threatened, harassed, or attacked, including
journalists affiliated with the United States Agency for Global Media,
consistent with the action plan submitted pursuant to, and on the same
terms and conditions of, section 7032(i) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141).
(i) International Freedom of Expression.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Bureau of Democracy, Human Rights, and Labor, Department of
State, for the costs of administering programs designed to
promote and defend freedom of expression and the independence
of the media in countries where such freedom and independence
are restricted or denied.
(2) Assistance.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for programs that promote
and defend freedom of expression and the independence of the
media abroad: Provided, That such funds are in addition to
funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety programs
for civil society, including journalists and media outlets at
risk: Provided further, That such funds shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State, including for support staff at not less
than the amounts specified for such office in the table under such
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Assistance.--Funds appropriated by this Act under the headings
``Democracy Fund'', ``Economic Support Fund'', and ``International
Broadcasting Operations'' shall be made available for international
religious freedom programs and funds appropriated by this Act under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall be made available for humanitarian
assistance for vulnerable and persecuted religious minorities:
Provided, That funds made available by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'' pursuant to this
section shall be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other relevant
United States Government officials, and shall be subject to prior
consultation with the Committees on Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund'' may be
made available notwithstanding any other provision of law for
assistance for ethnic and religious minorities in Iraq and Syria.
(d) Designation of Non-state Actors.--Section 7033(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public 115-31) shall continue
in effect during fiscal year 2020.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $12,500,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board:
Provided, That funds made available pursuant to this subsection are in
addition to amounts otherwise made available for such purposes:
Provided further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available as
contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of the
Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2022: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(4) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities, and up to
$1,000,000 may be made available for grants to carry out the
activities of the Cultural Antiquities Task Force.
(5) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards in accordance with the terms and conditions of
section 7034(e)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided, That each
individual award may not exceed $100,000: Provided further,
That no more than 15 such awards may be made during fiscal year
2020.
(6) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exceptions to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and
subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States: Provided
further, That such consultation shall take place not later than
30 days prior to the publication in the Federal Register of any
regulatory action modifying the Exchange Visitor Program.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an existing
partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations: Provided, That the Secretary and the Administrator
shall provide a direct vetting option for prime awardees in any partner
vetting program initiated or significantly modified after the date of
enactment of this Act, unless the Secretary of State or USAID
Administrator, as applicable, informs the Committees on Appropriations
on a case-by-case basis that a direct vetting option is not feasible
for such program.
(g) Contingencies.--During fiscal year 2020, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2020, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, at no later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Authority.--Funds made available by this Act under the heading
``Economic Support Fund'' to counter extremism may be made available
notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B, 620A, and 620M of the Foreign
Assistance Act of 1961: Provided, That the use of the authority of
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular notification
procedures of the Committees on Appropriations.
(k) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall
implement section 203(a)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
Provided, That in addition to suspension on the basis of an unpaid
default or final civil judgment directly or indirectly related to human
trafficking against the employer or a family member assigned to an
embassy, suspension on this basis should also apply to an employer or
family member assigned to any diplomatic mission, or any international
organization: Provided further, That the Secretary of State should
assist in obtaining payment of final court judgments awarded to A-3 and
G-5 visa holders, including encouraging the sending states to provide
compensation directly to victims: Provided further, That the Secretary
shall include in the Trafficking in Persons annual report a concise
summary of each trafficking case involving an A-3 or G-5 visa holder
that meets one or more of the following criteria: (1) a final court
judgment (including a default judgment) issued against a current or
former employee of such diplomatic mission or international
organization; (2) the issuance of a T-visa to the victim; or (3) a
request by the Department of State to the sending state that immunity
of individual diplomats or family members be waived to permit criminal
prosecution.
(l) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2020.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2020'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--(A) Subject
to the limitation described in subparagraph (B), the authority
provided by section 1113 of the Supplemental Appropriations
Act, 2009 (Public Law 111-32) shall remain in effect through
September 30, 2020.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a
percentage) that would be payable to such member under section
5304 of title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2019'' and inserting ``2019, and 2020''; and
(ii) in subsection (e), by striking
``2019'' each place it appears and inserting
``2020''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2019'' and inserting ``2020''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2020, and may be used to facilitate the
assignment of persons for oversight of programs in Syria, South
Sudan, Yemen, Somalia, and Venezuela.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2020, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector General
for Afghanistan Reconstruction (SIGAR) who completes at least
12 months of continuous service after enactment of this Act or
who is employed on the date on which SIGAR terminates,
whichever occurs first, shall acquire competitive status for
appointment to any position in the competitive service for
which the employee possesses the required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2020.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064)
on a case-by-case basis for an annuitant reemployed by the
Inspector General on a temporary basis, subject to the same
constraints and in the same manner by which the Secretary of
State may exercise such waiver authority pursuant to subsection
(g) of such section.
(11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(A) in the heading, striking ``2015, 2016, AND
2017'' and inserting ``2015 THROUGH 2020'';
(B) in the matter preceding clause (i), by striking
``18,500'' and inserting ``22,500''; and
(C) in clauses (i) and (ii), by striking ``December
31, 2020'' and inserting ``December 31, 2021''.
(m) Monitoring and Evaluation.--Funds appropriated by this Act that
are made available for monitoring and evaluation of assistance under
the headings ``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID
shall establish, and post on their respective websites, updated
procedures for implementing partners that receive funds under such
headings for regularly collecting and responding to such feedback,
including guidelines for the reporting on actions taken in response to
the feedback received: Provided further, That the Department of State
and USAID shall regularly conduct oversight to ensure that such
feedback is regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
(p) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), which may remain
available until September 30, 2024.
(2) Eligible entities.--For the purposes of section 7080 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Western Hemisphere Drug Policy Commission.--Up to $499,000 of
the funds appropriated under the heading ``Western Hemisphere Drug
Policy Commission, Salaries and Expenses'' of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6) shall remain available for obligation
until September 30, 2021, notwithstanding the period of availability
under such heading.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Southern kordofan.--Any reference to Southern Kordofan
in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall for this fiscal year, and each fiscal year thereafter, be
deemed to include portions of Western Kordofan that were
previously part of Southern Kordofan prior to the 2013 division
of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) Successor operating unit.--Any reference to a
particular USAID operating unit or office in this or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include any
successor operating unit or office performing the same or
similar functions.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this paragraph, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds: Provided
further, That funds made available pursuant to this paragraph
shall be subject to prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(3) Combat casualty care.--(A) Consistent with the
objectives of the Foreign Assistance Act of 1961 and the Arms
Export Control Act, funds appropriated by this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat casualty
training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
subparagraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open
and competitive process.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or is
complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Peacekeeping Operations''
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in accordance
with appropriate standards relating to human rights and the
protection of civilians in the manner specified under this
section in Senate Report 116-126, following consultation with
the Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall be made available
through an open and competitive process.
(6) Global security contingency fund.--Notwithstanding any
other provision of this Act, up to $7,500,000 from funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds previously made
available under the heading ``Global Security Contingency
Fund'', subject to the regular notification procedures of the
Committees on Appropriations.
(7) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$7,500,000 shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State
and the USAID Administrator shall consult with the Committees
on Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2020.
(3) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and
all that follows through the period at the end and
inserting ``of this section after September 30,
2021.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2020'' and inserting ``2020, and 2021''.
(4) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(5) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2022:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(6) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary of
State, on a case-by-case basis, determines and reports to the
appropriate congressional committees that disclosure would
endanger the safety of human sources or reveal sensitive
intelligence sources and methods, or that non-disclosure is in
the national security interest of the United States: Provided,
That any such determination shall include a detailed
justification, and may be submitted in classified form.
(7) Duty to inform.--If assistance to a foreign security
force is provided in a manner in which the recipient unit or
units cannot be identified prior to the transfer of assistance,
the Secretary of State shall provide a list of units prohibited
from receiving such assistance pursuant to section 620M of the
Foreign Assistance Act of 1961 to the recipient government.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the
clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(i) the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries that
the Secretary of State determines are undemocratic or are
undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2019, by country and
purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally.
arab league boycott of israel
Sec. 7036. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2020, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2020 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $125,000,000 shall be made available for assistance for
Egypt, of which not less than $40,000,000 should be made
available for higher education programs, including not less
than $15,000,000 for scholarships for Egyptian students with
high financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited by a
regional accrediting agency recognized by the United States
Department of Education, or meets standards equivalent to those
required for United States institutional accreditation by a
regional accrediting agency recognized by such Department:
Provided, That such funds shall be made available for democracy
programs, and for development programs in the Sinai: Provided
further, That such funds may not be made available for cash
transfer assistance or budget support unless the Secretary of
State certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(3) Foreign military financing program.--(A) Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', $1,300,000,000, to remain available until
September 30, 2021, should be made available for assistance for
Egypt: Provided, That such funds may be transferred to an
interest bearing account in the Federal Reserve Bank of New
York, following consultation with the Committees on
Appropriations, and the uses of any interest earned on such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
$300,000,000 of such funds shall be withheld from obligation
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Egypt is
taking sustained and effective steps to--
(i) strengthen the rule of law, democratic
institutions, and human rights in Egypt, including to
protect religious minorities and the rights of women,
which are in addition to steps taken during the
previous calendar year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(v) investigate and prosecute cases of
extrajudicial killings and forced disappearances; and
(vi) provide regular access for United States
officials to monitor such assistance in areas where the
assistance is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this Act
under such heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) The Secretary of State may waive the certification
requirement in subparagraph (A) if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national security interest of the United
States, and submits a report to such Committees containing a
detailed justification for the use of such waiver and the
reasons why any of the requirements of subparagraph (A) cannot
be met: Provided, That the report required by this paragraph
shall be submitted in unclassified form, but may be accompanied
by a classified annex.
(4) Report.--Not later than 30 days after enactment of this
Act, and every 60 days thereafter, the Secretary of State shall
submit a report to the appropriate congressional committees
describing and assessing the actions taken by the Government of
Egypt during the previous 60 days to fairly compensate April
Corley for injuries and losses sustained as a result of the
attack on her tour group by the Egyptian military on September
13, 2015, and progress in resolving her case: Provided, That
if the Secretary reports that no progress has been made in the
previous 60 days, the report shall include the reasons for the
lack of progress.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for the programs and
activities described under this section in House Report 116-78.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region
of Iraq and for the Marla Ruzicka Iraqi War Victims
Fund;
(B) stabilization assistance, including in Anbar
Province;
(C) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(D) programs to protect and assist religious and
ethnic minority populations in Iraq, including as
described under this section in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) United states consulate general basrah.--Any change in
the status of operations at United States Consulate General
Basrah, including the return of Consulate property located
adjacent to the Basrah International Airport to the Government
of Iraq, shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(3) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
(d) Jordan.--
(1) Assistance appropriated by this act.--Of the funds
appropriated by this Act under titles III and IV, not less than
$1,525,000,000 shall be made available for assistance for
Jordan, of which: not less than $1,082,400,000 shall be made
available under the heading ``Economic Support Fund'', of which
not less than $745,100,000 shall be made available for budget
support for the Government of Jordan; and not less than
$425,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$125,000,000 shall be made available for assistance for Jordan,
of which $100,000,000 shall be made available for budget
support for the Government of Jordan and $25,000,000 shall be
made available for programs to increase electricity
transmission to neighboring countries, including Iraq:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes.
(e) Lebanon.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Lebanon:
Provided, That such funds made available under the heading
``Economic Support Fund'' may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are made available for assistance for
Lebanon may be made available for programs and
equipment for the Lebanese Internal Security Forces
(ISF) and the Lebanese Armed Forces (LAF) to address
security and stability requirements in areas affected
by conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Lebanon may only be
made available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen border security and combat
terrorism, including training and equipping the
LAF to secure the borders of Lebanon and
address security and stability requirements in
areas affected by conflict in Syria,
interdicting arms shipments, and preventing the
use of Lebanon as a safe haven for terrorist
groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance for the
LAF, the Secretary of State shall submit to the
Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the
LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and
shall be submitted not later than September 1, 2020:
Provided further, That any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Limitation.--None of the funds appropriated by this Act
may be made available for the ISF or the LAF if the ISF or the
LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including support for a United Nations-
facilitated political process and border security: Provided,
That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
shall apply to such funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring, oversight,
and control of such funds.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall consult with the
Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Saudi Arabia.--
(1) International military education and training.--None of
the funds appropriated by this Act under the heading
``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
(2) Export-import bank.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in
connection with the export of nuclear technology, equipment,
fuel, materials, or other nuclear technology-related goods or
services to Saudi Arabia unless the Government of Saudi
Arabia--
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional
Protocol to its Comprehensive Safeguards Agreement with
the International Atomic Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall be
made available, notwithstanding any other provision of law, for
non-lethal stabilization assistance for Syria, of which not
less than $7,000,000 shall be made available for emergency
medical and rescue response and chemical weapons use
investigations.
(2) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of
Iran in Syria;
(B) may not be made available for activities that
further the strategic objectives of the Government of
the Russian Federation that the Secretary of State
determines may threaten or undermine United States
national security interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) Monitoring and oversight.--Prior to the obligation of
any funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--
(1) Assistance appropriated by this act.--Of the funds
appropriated under titles III and IV of this Act, not less than
$191,400,000 shall be made available for assistance for
Tunisia.
(2) Assistance appropriated by prior acts.--Of the funds
appropriated under the heading ``Economic Support Fund'' in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than
$50,000,000 shall be made available for assistance for Tunisia:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of
terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year: Provided, That the Secretary shall report to
the Committees on Appropriations on the amount reduced for
fiscal year 2020 prior to the obligation of funds for the
Palestinian Authority.
(4) Private sector partnership programs.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are
authorized: Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
(l) Yemen.--Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall be made available for
stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only
for Expanded International Military Education and Training and
professional military education until the Secretary of State determines
and reports to the Committees on Appropriations that such government is
not facilitating or otherwise participating in destabilizing activities
in a neighboring country, including aiding and abetting armed groups.
(b) Cameroon.--Funds appropriated under title IV of this Act that
are made available for assistance for the armed forces of Cameroon,
including the Rapid Intervention Battalion, may only be made available
to counter regional terrorism, including Boko Haram and other Islamic
State affiliates, participate in international peacekeeping operations,
and for military education and maritime security programs.
(c) Central African Republic.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$3,000,000 shall be made available for a contribution to the Special
Criminal Court in Central African Republic.
(d) Democratic Republic of the Congo.--Funds appropriated by this
Act under titles III and IV shall be made available for assistance for
the Democratic Republic of the Congo for stabilization, global health,
and bilateral economic assistance, including in areas affected by, and
at risk from, the Ebola virus disease.
(e) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available, following consultation with
the Committees on Appropriations, for assistance for Cameroon, Chad,
Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including Boko
Haram, consistent with the provisions of section 7059 of this
Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(f) Malawi.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $60,000,000 shall be
made available for assistance for Malawi, of which up to $10,000,000
shall be made available for higher education programs.
(g) Sahel Stabilization and Security.--Funds appropriated under
titles III and IV of this Act shall be made available for
stabilization, health, development, and security programs in the
countries of the Sahel region.
(h) South Sudan.--
(1) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be made
available for conflict mitigation and reconciliation programs.
(2) Limitation on assistance for the central government.--
Funds appropriated by this Act that are made available for
assistance for the central Government of South Sudan may only
be made available, following consultation with the Committees
on Appropriations, for--
(A) humanitarian assistance;
(B) health programs, including to prevent, detect,
and respond to the Ebola virus disease;
(C) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary of State
shall consult with the Committees on Appropriations on the intended
uses of such funds and steps taken by such government to advance or
implement a peace agreement.
(i) Sudan.--
(1) Limitations on assistance and loans.--(A)
Notwithstanding any other provision of law, none of the funds
appropriated by this Act may be made available for assistance
for the Government of Sudan.
(B) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and
credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy, health, agriculture,
economic growth, and education programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace
Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or
any other viable peace agreement in Sudan.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program or activity in Sudan shall be subject to prior
consultation with the appropriate congressional committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--(A) Of the funds
appropriated under title III of this Act, not less than
$131,450,000 shall be made available for assistance for Burma:
Provided, That such funds may be made available notwithstanding
any other provision of law and following consultation with the
appropriate congressional committees: Provided further, That
such funds shall be made available for programs to promote
ethnic and religious tolerance and to combat gender-based
violence, including in Kachin, Karen, Rakhine, and Shan states:
Provided further, That such funds may be made available for
ethnic groups and civil society in Burma to help sustain
ceasefire agreements and further prospects for reconciliation
and peace, which may include support to representatives of
ethnic armed groups for this purpose.
(B) Funds appropriated under title III of this Act for
assistance for Burma shall be made available for community-
based organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to assistance
for Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'': Provided,
That such funds may be available for programs to support the
return of Kachin, Karen, Rohingya, Shan, and other refugees and
internally displaced persons to their locations of origin or
preference in Burma only if such returns are voluntary and
consistent with international law.
(C) Funds appropriated under title III of this Act for
assistance for Burma that are made available for assistance for
the Government of Burma to support the implementation of
Nationwide Ceasefire Agreement conferences, committees, and
other procedures may only be made available if the Secretary of
State reports to the Committees on Appropriations that such
conferences, committees, and procedures are directed toward a
sustainable peace and the Government of Burma is implementing
its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Limitations.--None of the funds appropriated under
title III of this Act for assistance for Burma may be made
available to any organization or entity controlled by the armed
forces of Burma, or to any individual or organization that
advocates violence against ethnic or religious groups or
individuals in Burma, as determined by the Secretary of State
for programs administered by the Department of State and USAID
or the President of the National Endowment for Democracy (NED)
for programs administered by NED.
(4) Consultation.--Any new program or activity in Burma
initiated in fiscal year 2020 shall be subject to prior
consultation with the appropriate congressional committees.
(b) Cambodia.--
(1) Assistance.--Of the funds appropriated under title III
of this Act, not less than $82,505,000 shall be made available
for assistance for Cambodia.
(2) Certification and exceptions.--
(A) Certification.--None of the funds appropriated
by this Act that are made available for assistance for
the Government of Cambodia may be obligated or expended
unless the Secretary of State certifies and reports to
the Committees on Appropriations that such Government
is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea;
(ii) assert its sovereignty against
interference by the People's Republic of China,
including by verifiably maintaining the
neutrality of Ream Naval Base, other military
installations in Cambodia, and dual use
facilities such as the Dara Sakor development
project; and
(iii) respect the rights, freedoms, and
responsibilities enshrined in the Constitution
of the Kingdom of Cambodia as enacted in 1993.
(B) Exceptions.--The certification required by
subparagraph (A) shall not apply to funds appropriated
by this Act and made available for democracy, health,
education, and environment programs, programs to
strengthen the sovereignty of Cambodia, and programs to
educate and inform the people of Cambodia of the
influence efforts of the People's Republic of China in
Cambodia.
(3) Uses of funds.--Funds appropriated under title III of
this Act for assistance for Cambodia shall be made available
for--
(A) research and education programs associated with
the Khmer Rouge in Cambodia; and
(B) programs in the Khmer language to monitor, map,
and publicize the efforts by the People's Republic of
China to expand its influence in Cambodia, including in
Sihanoukville, Bavet, Poipet, Koh Kong, and areas
bordering Vietnam.
(c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act
of 2018.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,482,000,000 shall be made
available to support the implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018
(Public Law 115-409).
(2) Countering chinese influence fund.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', and ``Foreign
Military Financing Program'', not less than $300,000,000 shall
be made available for a Countering Chinese Influence Fund to
counter the influence of the People's Republic of China
globally, which shall be subject to prior consultation with the
Committees on Appropriations: Provided, That such funds are in
addition to amounts otherwise made available for such purposes:
Provided further, That such funds appropriated under such
headings may be transferred to, and merged with, funds
appropriated under such headings: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by this Act or any other Act, and is subject
to the regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; and
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by
the People's Republic of China unless the Secretary of
State, in consultation with the USAID Administrator and
the Chief Executive Officer of the United States
International Development Finance Corporation, as
appropriate, determines that such use does not
adversely impact the national security of the United
States.
(d) Laos.--Of the funds appropriated under title III of this Act,
not less than $34,280,000 shall be made available for assistance for
Laos.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights promotion and limitation on use of
funds.--(A) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'' shall be made
available for the promotion of human rights in North Korea:
Provided, That the authority of section 7032(b)(1) of this Act
shall apply to such funds.
(B) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the Government of North Korea.
(f) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) United states-china friendship volunteer program.--Not
later than 90 days after enactment of this Act and following
consultation with the heads of other relevant Federal agencies,
the Director of the Peace Corps shall submit a report to the
appropriate congressional committees on the United States-China
Friendship Volunteer Program, including a description of
program coordination, implementation, and oversight, and the
goals and objectives served: Provided, That the Director shall
also consult with the Committees on Appropriations on such
report.
(4) Hong kong.--
(A) Democracy programs.--Of the funds appropriated
by this Act under the heading ``Democracy Fund'' for
the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of
State, not less than $1,500,000 shall be made available
for democracy programs for Hong Kong, including legal
and other support for democracy activists.
(B) Report.--Funds appropriated under title I of
this Act shall be made available to prepare and submit
to Congress the report required by section 301 of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5731), which shall also include a description of--
(i) efforts by the Hong Kong authorities
and the Government of the People's Republic of
China to prevent free assembly and
communications by the people of Hong Kong;
(ii) the technical surveillance equipment
and methods used by the Hong Kong authorities
and the Government of the People's Republic of
China to monitor the movement and
communications of the Hong Kong population;
(iii) the application of social and
political control tools developed by the
Government of the People's Republic of China
and used by such Government and the Hong Kong
authorities in Hong Kong;
(iv) the disinformation and political
influence campaigns conducted by the Government
of the People's Republic of China in Hong Kong
and overseas with respect to the situation in
Hong Kong; and
(v) the mission and activities of the
People's Armed Police, the People's Liberation
Army, the Ministries of Public Security and
State Security in Beijing, the Government of
the People's Republic of China, and other
Chinese security forces in Hong Kong, including
their respective roles in human rights abuses
against the people of Hong Kong.
(g) Philippines.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(h) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of projects
in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--(A) Notwithstanding
any other provision of law, of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education, and
environmental conservation in Tibetan communities in the Tibet
Autonomous Region and in other Tibetan communities in China.
(B) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $6,000,000 shall be
made available for programs to promote and preserve Tibetan
culture and language in the refugee and diaspora Tibetan
communities, development, and the resilience of Tibetan
communities and the Central Tibetan Administration in India and
Nepal, and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $3,000,000 shall be
made available for programs to strengthen the capacity of the
Central Tibetan Administration: Provided, That such funds
shall be administered by the United States Agency for
International Development.
(i) Vietnam.--Of the funds appropriated under titles III and IV of
this Act, not less than $159,634,000 shall be made available for
assistance for Vietnam, of which not less than--
(1) $13,000,000 shall be made available for health and
disability programs in areas sprayed with Agent Orange and
contaminated with dioxin, to assist individuals with severe
upper or lower body mobility impairment or cognitive or
developmental disabilities;
(2) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes; and
(3) $1,500,000 shall be made available for a war legacy
reconciliation program.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Afghanistan--
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available to continue support for
institutions of higher education in Kabul, Afghanistan
that are accessible to both women and men in a
coeducational environment, including for the costs for
operations and security for such institutions;
(C) shall be made available for programs that
protect and strengthen the rights of Afghan women and
girls and promote the political and economic
empowerment of women including their meaningful
inclusion in political processes: Provided, That such
assistance to promote the economic empowerment of women
shall be made available as grants to Afghan
organizations, to the maximum extent practicable; and
(D) may not be made available for any program,
project, or activity pursuant to section 7044(a)(1)(C)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F
of Public Law 116-6).
(2) Afghan women.--
(A) In general.--The Secretary of State shall
promote the meaningful participation of Afghan women in
ongoing peace and reconciliation processes in
Afghanistan in a manner consistent with the Women,
Peace, and Security Act of 2017 (Public Law 115-68),
including advocacy for the inclusion of Afghan women
leaders in ongoing and future dialogue and negotiations
and efforts to ensure that any peace agreement reached
with the Taliban protects the rights of women and girls
and ensures their freedom of movement, rights to
education and work, and access to healthcare and legal
representation.
(B) Assistance.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs under
the heading ``Economic Support Fund'' shall be made
available for an endowment pursuant to paragraph
(3)(A)(iv) of this subsection for an institution of
higher education in Kabul, Afghanistan that is
accessible to both women and men in a coeducational
environment: Provided, That such endowment shall be
established in partnership with a United States-based
American higher education institution that will serve
on its board of trustees: Provided further, That prior
to the obligation of funds for such an endowment, the
Administrator of the United States Agency for
International Development shall submit a report to the
Committees on Appropriations describing the governance
structure, including a proposed board of trustees, and
financial safeguards, including regular audit and
reporting requirements, in any endowment agreement:
Provided further, That the USAID Administrator shall
provide a report on the expenditure of funds generated
from such an endowment to the Committees on
Appropriations on an annual basis.
(3) Authorities.--
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this
Act or any similar provision of law and section
660 of the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including in accordance with
section 7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public
Law 112-74);
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74) shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(C) Of the funds appropriated by this Act under the
heading ``Diplomatic Programs'', up to $3,000,000 may
be transferred to any other appropriation of any
department or agency of the United States Government,
upon the concurrence of the head of such department or
agency, to support operations in, and assistance for,
Afghanistan and to carry out the provisions of the
Foreign Assistance Act of 1961: Provided, That any
such transfer shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(4) Agreement and certification.--Funds appropriated by
this Act shall be made available for the following purposes--
(A) the submission to the appropriate congressional
committees by the President of a copy of any agreement
or arrangement between the Government of the United
States and the Taliban relating to the United States
presence in Afghanistan or Taliban commitments on the
future of Afghanistan, which shall be submitted not
later than 30 days after finalizing such an agreement
or arrangement; and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of
State and Secretary of Defense that such agreement or
arrangement will further the objective of setting
conditions for the long-term defeat of al Qaeda and
Islamic State and will not make the United States more
vulnerable to terrorist attacks originating from
Afghanistan or supported by terrorist elements in
Afghanistan.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Of the funds appropriated under titles III and IV
of this Act, not less than $198,323,000 shall be made available for
assistance for Bangladesh, of which--
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process of
law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall be
made available for such programs for the Rohingya community in
Bangladesh.
(c) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $130,265,000 shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs and democracy programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That such funds may only be made available for any additional
uses if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Nepal is
investigating and prosecuting violations of human rights and
the laws of war, and the Nepal Army is cooperating fully with
civilian judicial authorities in such cases.
(d) Pakistan.--
(1) Terms and conditions.--The terms and conditions of
section 7044(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F of
Public Law 116-6) shall continue in effect during fiscal year
2020.
(2) Assistance.--Of the funds appropriated under title III
of this Act that are made available for assistance for
Pakistan, not less than $15,000,000 shall be made available for
democracy programs and not less than $10,000,000 shall be made
available for gender programs.
(e) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing
persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except for
funds made available for humanitarian assistance, victims of
trauma, and technical assistance to promote fiscal transparency
and sovereignty, may be made available only if the Secretary of
State certifies and reports to the Committees on Appropriations
that such Government is taking effective and consistent steps
to--
(A) respect and uphold the rights and freedoms of
the people of Sri Lanka regardless of ethnicity and
religious belief, including by investigating violations
of human rights and holding perpetrators of such
violations accountable;
(B) assert its sovereignty against interference by
the People's Republic of China; and
(C) promote reconciliation between ethnic and
religious groups arising from past conflict in Sri
Lanka, including by addressing land confiscation and
ownership issues, resolving cases of missing persons,
and reducing the presence of the armed forces in former
conflict zones.
(3) International security assistance.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not to exceed $500,000 may be made
available for assistance for Sri Lanka: Provided, That such
funds may be made available only for programs to support
humanitarian and disaster response preparedness and maritime
security, including professionalization and training for the
navy and coast guard: Provided further, That funds made
available under the heading ``Peacekeeping Operations'' may
only be made available subject to the regular notification
procedures of the Committees on Appropriations.
(f) Regional Programs.--Funds appropriated by this Act shall be
made available for assistance for Afghanistan, Pakistan, and other
countries in South and Central Asia to significantly increase the
recruitment, training, and retention of women in the judiciary, police,
and other security forces, and to train judicial and security personnel
in such countries to prevent and address gender-based violence, human
trafficking, and other practices that disproportionately harm women and
girls.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Assistance.--
(A) Fiscal year 2020.--Of the funds appropriated by
this Act under titles III and IV, not less than
$519,885,000 should be made available for assistance
for Belize, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama, including through the
Central America Regional Security Initiative:
Provided, That such assistance shall be prioritized for
programs and activities that addresses the key factors
that contribute to the migration of unaccompanied,
undocumented minors to the United States and such funds
shall be made available for global health,
humanitarian, development, democracy, border security,
and law enforcement programs for such countries,
including for programs to reduce violence against women
and girls and to combat corruption, and for support of
commissions against corruption and impunity, as
appropriate: Provided further, That not less than
$45,000,000 shall be for support of offices of
Attorneys General and of other entities and activities
to combat corruption and impunity in such countries.
(B) Fiscal year 2019.--Of the funds appropriated
under titles III and IV of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6), not less
than $527,600,000 should be made available for
assistance for Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, and Panama, including
through the Central America Regional Security
Initiative: Provided, That such funds shall be made
available subject to the conditions in paragraph (2) of
this subsection and notwithstanding paragraphs (1) and
(2) of section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6).
(2) Northern triangle.--
(A) Limitation on assistance to certain central
governments.--Of the funds made available pursuant to
paragraph (1) under the heading ``Economic Support
Fund'' and under title IV of this Act that are made
available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras, 50
percent may only be obligated after the Secretary of
State certifies and reports to the appropriate
congressional committees that such government is--
(i) combating corruption and impunity,
including prosecuting corrupt government
officials;
(ii) implementing reforms, policies, and
programs to increase transparency and
strengthen public institutions;
(iii) protecting the rights of civil
society, opposition political parties, and the
independence of the media;
(iv) providing effective and accountable
law enforcement and security for its citizens,
and upholding due process of law;
(v) implementing policies to reduce poverty
and promote equitable economic growth and
opportunity;
(vi) supporting the independence of the
judiciary and of electoral institutions;
(vii) improving border security;
(viii) combating human smuggling and
trafficking and countering the activities of
criminal gangs, drug traffickers, and
transnational criminal organizations; and
(ix) informing its citizens of the dangers
of the journey to the southwest border of the
United States.
(B) Reprogramming.--If the Secretary is unable to
make the certification required by subparagraph (A) for
one or more of the governments, such assistance for
such central government shall be reprogrammed for
assistance for other countries in Latin America and the
Caribbean, notwithstanding the minimum funding
requirements of this subsection and of section 7019 of
this Act: Provided, That any such reprogramming shall
be subject to the regular notification procedures of
the Committees on Appropriations.
(C) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) the Mission to Support the Fight
Against Corruption and Impunity in Honduras,
the International Commission Against Impunity
in El Salvador, and support of offices of
Attorneys General and of other entities and
activities related to combating corruption and
impunity;
(ii) programs to combat gender-based
violence;
(iii) humanitarian assistance; and
(iv) food security programs.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $448,253,000 shall be
made available for assistance for Colombia: Provided, That
such funds shall be made available for the programs and
activities described under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' and made available for
assistance for Colombia, 20 percent may be obligated
only after the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Colombia is continuing to implement a national
whole-of-government counternarcotics strategy intended
to reduce by 50 percent cocaine production and coca
cultivation levels in Colombia by 2023.
(B) Human rights.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only after the
Secretary of State certifies and reports to the
Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and
other judicial authorities are taking effective
steps to hold accountable perpetrators of gross
violations of human rights in a manner
consistent with international law, including
for command responsibility, and sentence them
to deprivation of liberty;
(ii) the Government of Colombia is taking
effective steps to prevent attacks against
human rights defenders and other civil society
activists, trade unionists, and journalists,
and judicial authorities are prosecuting those
responsible for such attacks; and
(iii) senior military officers responsible
for ordering, committing, and covering up cases
of false positives are being held accountable,
including removal from active duty if found
guilty through criminal or disciplinary
proceedings.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available for
payment of reparations to conflict victims or compensation to
demobilized combatants associated with a peace agreement
between the Government of Colombia and illegal armed groups.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' that are made available
for assistance for Haiti may not be made available for
assistance for the central Government of Haiti unless the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is taking effective steps,
which are steps taken since the certification and report
submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent
manner based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing
the anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increasing expenditures
on public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(3) Limitation.--None of the funds made available by this
Act may be used to provide assistance to the armed forces of
Haiti.
(d) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $60,000,000 shall be made available
for the Caribbean Basin Security Initiative.
(e) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $30,000,000 shall be
made available for democracy programs for Venezuela.
(2) Funds appropriated under title III of this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be made
available for assistance for communities in countries
supporting or otherwise impacted by refugees from Venezuela,
including Colombia, Peru, Ecuador, Curacao, and Trinidad and
Tobago: Provided, That such amounts are in addition to funds
otherwise made available for assistance for such countries,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $132,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $448,000,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except
as otherwise provided in section 7047(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United
States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--None of the funds made available by this Act may be
used to facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate (TPPD)
under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
unless the Secretary of State determines and reports to the appropriate
congressional committees that members of the TPPD that are named in the
July 17, 2017, indictment by the Superior Court of the District of
Columbia, and against whom there are pending charges, have returned to
the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the
use of funds made available by this Act for border security purposes,
for North Atlantic Treaty Organization or coalition operations, or to
enhance the protection of United States officials and facilities in
Turkey.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-
backed separatists, if such activity includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed
separatists, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit, or
guarantee) for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has reestablished
sovereignty over Crimea and other territory in Ukraine under
the control of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institution to use
the voice and vote of the United States to oppose any
assistance by such institution (including any loan, credit, or
guarantee) for any program that violates the sovereignty and
territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Assistance.--Of the funds appropriated by this Act
under the headings ``Assistance for Europe, Eurasia and Central
Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not
less than $290,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C.
9543) and notwithstanding the country limitation in subsection
(b) of such section, and programs to enhance the capacity of
law enforcement and security forces in countries in Europe,
Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North
Atlantic Treaty Organization, as appropriate.
(2) Economics and trade.--Funds appropriated by this Act
and made available for assistance for the Eastern Partnership
countries shall be made available to advance the implementation
of Association Agreements and trade agreements with the
European Union, and to reduce their vulnerability to external
economic and political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation
and other countries in Europe, Eurasia, and Central Asia, including to
promote Internet freedom: Provided, That not later than 90 days after
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional committees a
comprehensive, multiyear strategy for the promotion of democracy in
such countries.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Withholding of funds.--Of the funds appropriated under
the heading ``Contributions to International Organizations'' in
title I and ``International Organizations and Programs'' in
title V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization of
American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of
State determines and reports to the Committees on
Appropriations that the organization, department, or agency
is--
(A) posting on a publicly available website,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits;
(B) effectively implementing and enforcing policies
and procedures which meet or exceed best practices in
the United States for the protection of whistleblowers
from retaliation, including--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to binding independent
adjudicative bodies, including shared cost and
selection external arbitration; and
(v) results that eliminate the effects of
proven retaliation, including provision for the
restoration of prior employment; and
(C) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first class and business
class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case- by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency, body,
or commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 1754(c) of the Export Reform Control Act of
2018 (50 U.S.C. 4813(c)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as
a contribution to any organization, agency, commission, or
program within the United Nations system if such organization,
agency, commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 1754(c) of the Export Reform Control Act of 2018
(50 U.S.C. 4813(c)), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members
to such Council: Provided, That such report shall include a
description of the national interest served and the steps taken to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2020, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it has
taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2020 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation
or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State should withhold assistance to any unit of the
security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation,
until the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such unit
accountable and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the responsible
members of such unit to justice.
(h) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the
implementation of subsection (a), the third proviso under the heading
``Contributions for International Peacekeeping Activities'' in title I
of this Act, or section 307(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2227(a)), shall remain available for obligation until
September 30, 2021: Provided, That the requirement to withhold funds
for programs in Burma under section 307(a) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated by this Act.
(i) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
specialized agency or other entity of the United Nations if the
Secretary, in consultation with the United States Ambassador to
the United Nations, determines and reports to the Committees on
Appropriations that such agency or entity has taken an official
action that is against the national security interest of the
United States or an ally of the United States, including
Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1)
if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for
other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines
that to do so in the national interest.
war crimes tribunals
Sec. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims, protection of
witnesses, and law enforcement support related to international
investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes: Provided further,
That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and other
United States citizens or nationals, or nationals of the North Atlantic
Treaty Organization (NATO) or major non-NATO allies initially
designated pursuant to section 517(b) of the Foreign Assistance Act of
1961.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation
during fiscal year 2020 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$65,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Department of state and united states agency for
international development.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Democracy
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
that are made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs
funded by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace, the Department
of State International Cyberspace Policy Strategy
required by section 402 of the Cybersecurity Act of
2015 (division N of Public Law 114-113), and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the
United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of
the United States Agency for Global Media (USAGM),
shall coordinate any such research and development
programs with other relevant United States Government
departments and agencies in order to share information,
technologies, and best practices, and to assess the
effectiveness of such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) the strategies referenced in
subparagraph (B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs;
and
(iii) sufficient resources and support for
the development and maintenance of anti-
censorship technology and tools.
(2) United states agency for global media.--Funds
appropriated by this Act under the heading ``International
Broadcasting Operations'' that are made available pursuant to
subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute USAGM digital content,
facilitate audience access to such content on websites
that are censored, coordinate the distribution of USAGM
digital content to targeted regional audiences, and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the USAGM CEO to provide
Internet circumvention tools and techniques for
audiences in countries that are strategic priorities
for the USAGM and in a manner consistent with the USAGM
Internet freedom strategy; and
(D) made available for the research and development
of new tools or techniques authorized in subparagraph
(A) only after the USAGM CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the
risks and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the USAGM CEO shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and the United States
Agency for International Development offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has
not been compromised in a manner detrimental to the interest of the
United States or to individuals and organizations benefiting from
programs supported by such funds: Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
(e) Surge.--Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $2,500,000 may be made available to
surge Internet freedom programs in closed societies if the Secretary of
State determines and reports to the appropriate congressional
committees that such use of funds is in the national interest:
Provided, That such funds are in addition to amounts made available for
such purposes: Provided further, That such funds may be transferred
to, and merged with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Limitation.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture and other cruel,
inhuman, or degrading treatment or punishment by foreign police,
military or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-Federal
personnel supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may be
credited to the Working Capital Fund of the Department and
shall be available for expenses related to the purchase, lease,
maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2019''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
impact on jobs in the united states
Sec. 7056. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act (19 U.S.C.
2467(4)(D) and (E)) should be commensurate with the level of
development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental Guidelines
for High Carbon Intensity Projects approved by the Export-
Import Bank of the United States on December 12, 2013, when
enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of which is
to--
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and
IDA-blend countries; and
(B) increase exports of goods and services from the
United States or prevent the loss of jobs from the
United States.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2020, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Migration and Refugee Assistance'', and ``Millennium
Challenge Corporation'' may be made available to combat such
infectious disease or public health emergency, and may be
transferred to, and merged with, funds appropriated under such
headings for the purposes of this paragraph.
(2) Emergency reserve fund.--Up to $10,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section.
(3) Ebola virus disease.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``International Disaster Assistance'' that are made
available to respond to the Ebola virus disease outbreak in the
Democratic Republic of the Congo, including in countries
affected by, or at risk of being affected by, such outbreak,
shall be the responsibility of the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, or
successor official responsible for USAID Ebola response.
(4) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
gender equality
Sec. 7059. (a) Women's Empowerment.--
(1) Gender equality.--Funds appropriated by this Act shall
be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the
status, increasing the participation, and protecting the rights
of women and girls worldwide.
(2) Women's economic empowerment.--Funds appropriated by
this Act are available to implement the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public
Law 115-428): Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations on the implementation of such Act.
(3) Women's global development and prosperity fund.--Of the
funds appropriated under title III of this Act, up to
$100,000,000 may be made available for the Women's Global
Development and Prosperity Fund.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for
programs specifically designed to increase leadership opportunities for
women in countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for women's
political status, expanding women's participation in political parties
and elections, and increasing women's opportunities for leadership
positions in the public and private sectors at the local, provincial,
and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $165,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism and Conflict.--Of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to support
women and girls who are at risk from extremism and conflict, and for
the activities described in section 7059(e)(1) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141): Provided, That such funds are
in addition to amounts otherwise made available by this Act for such
purposes, and shall be made available following consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--(A) Of the funds appropriated under
title III of this Act, not less than $875,000,000 shall be made
available for assistance for basic education, and such funds
may be made available notwithstanding any other provision of
law that restricts assistance to foreign countries: Provided,
That such funds shall also be used for secondary education
activities: Provided further, That the Administrator of the
United States Agency for International Development, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries: Provided further, That
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' for the support of
non-state schools in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be subject to the regular
notification procedures of the Committees on Appropriations.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $125,000,000 shall be made available for
contributions to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for new and ongoing partnerships between
higher education institutions in the United States and
developing countries focused on building the capacity of higher
education institutions and systems in developing countries:
Provided further, That not later than 45 days after enactment
of this Act, the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of funds for
such partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $17,000,000
shall be made available for cooperative development programs of USAID
and not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program.
(c) Environment Programs.--
(1)(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $315,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI) to
use the voice and vote of the United States to oppose any
financing of any such activity.
(3) The Secretary of the Treasury shall instruct the United
States executive director of each IFI that it is the policy of
the United States to use the voice and vote of the United
States, in relation to any loan, grant, strategy, or policy of
such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114-79,
while also considering whether the project involves important
foreign policy objectives.
(4) Of the funds appropriated under title III of this Act,
not less than $135,000,000 shall be made available for
sustainable landscapes programs.
(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for
adaptation programs.
(6) Of the funds appropriated under title III of this Act,
not less than $179,000,000 shall be made available for
renewable energy programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,005,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195): Provided, That funds may be made available
for a contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended
by section 3310 of the Agriculture Improvement Act of 2018 (Public Law
115-334).
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be made
available to support the development of, and access to financing for,
micro, small, and medium-sized enterprises that benefit the poor,
especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'',
not less than $67,000,000 shall be made available for activities to
combat trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided,
That funds appropriated by this Act that are made available for
programs to end modern slavery shall be in addition to funds made
available by this subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $30,000,000
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas of civil strife and
war, including between Israelis and Palestinians living in the West
Bank and Gaza: Provided, That the USAID Administrator shall consult
with the Committees on Appropriations, prior to the initial obligation
of funds, on the uses of such funds, and such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than the
United States Government: Provided further, That such funds shall be
administered by the Office of Conflict Management and Mitigation,
USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $450,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $225,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
budget documents
Sec. 7061. (a) Operating Plans.--Not later than 45 days after
enactment of this Act, each department, agency, or organization funded
in titles I, II, and VI of this Act, and the Department of the Treasury
and Independent Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African Development
Foundation, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2020, that provides details of the uses
of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise, and
informative description/justification: Provided further, That
operating plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget
justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 90 days after enactment of this Act, the
Secretary of State or Administrator of the United States Agency
for International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, Colombia, and countries in Central America;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a
country-by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, and sectors
enumerated in subsections (a), (c), (d), (e), (f), (g)
and (h) of section 7060 of this Act;
(F) funds provided under the heading
``International Narcotics Control and Law Enforcement''
for International Organized Crime and for Cybercrime
and Intellectual Property Rights: Provided, That the
spend plans shall include bilateral and global programs
funded under such heading along with a brief
description of the activities planned for each country;
and
(G) the regional security initiatives described
under this heading in Senate Report 116-126.
(2) Not later than 90 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2019 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) Submission.--The congressional budget justification for
Department of State operations and foreign operations shall be
provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal
year 2021: Provided, That the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) Multi-year availability of certain funds.--The
Secretary of State and the USAID Administrator shall include in
the congressional budget justification a detailed justification
for multi-year availability for any funds requested under the
headings ``Diplomatic Programs'' and ``Operating Expenses''.
reorganization
Sec. 7062. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in paragraph
(2) by the Department of State, the United States Agency for
International Development, or any other Federal department,
agency, or organization funded by this Act without prior
consultation by the head of such department, agency, or
organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any
proposed action, including the information specified under
section 7073 of the joint explanatory statement accompanying
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2019 (division F of Public Law
116-6): Provided further, That congressional notifications
submitted in prior fiscal years pursuant to similar provisions
of law in prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(C) expand or reduce the size of the permanent
Civil Service, Foreign Service, eligible family member,
and locally employed staff workforce of the Department
of State and USAID from the levels specified in
sections 7063(d)(1) and 7064(i)(1) of this Act.
(b) Additional Requirements and Limitations.--
(1) USAID reorganization.--Not later than 30 days after
enactment of this Act, and quarterly thereafter until September
30, 2021, the USAID Administrator shall submit a report to the
appropriate congressional committees on the status of USAID's
reorganization in the manner described in House Report 116-78.
(2) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(3) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State, and this responsibility shall not
be delegated; and
(B) that are made available for the Office of
Global Women's Issues shall be administered by the
United States Ambassador-at-Large for Global Women's
Issues, Department of State, and this responsibility
shall not be delegated.
department of state management
Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated
by this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance Funds'':
Provided, That not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) for implementing the FADR and
OIG recommendations: Provided further, That such funds may not be
obligated for enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management System,
Joint Financial Management System, or Foreign Assistance Coordination
and Tracking System until such updated plan is submitted to the
Committees on Appropriations: Provided further, That such funds may
not be obligated for new, or expansion of existing, ad hoc electronic
systems to track commitments, obligations, or expenditures of funds
unless the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with the FADR
and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2020: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this
Act: Provided further, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-related
activities, the Secretary of State shall include the proposed increase
in the Department of State budget justification or, at least 60 days
prior to the increase, provide the Committees on Appropriations a
justification for such increase, including a detailed assessment of the
cost and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose and
authorities of such components: Provided further, That the Working
Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service.
(c) Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(d) Personnel Levels.--
(1) Funds made available by this Act are made available to
support the permanent Foreign Service and Civil Service staff
levels of the Department of State at not less than the hiring
targets established in the fiscal year 2019 operating plan.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the
Secretary of State shall report to the appropriate
congressional committees on the on-board personnel levels,
hiring, and attrition of the Civil Service, Foreign Service,
eligible family member, and locally employed staff workforce of
the Department of State, on an operating unit-by-operating unit
basis: Provided, That such report shall also include a hiring
plan, including timelines, for maintaining the agency-wide, on-
board Foreign Service and Civil Service at not less than the
levels specified in paragraph (1).
(e) Information Technology Platform.--
(1) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may be
made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(2) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
submit a project proposal to the Technology Modernization Board
for funding from the Technology Modernization Fund unless, not
later than 15 days in advance of submitting the project
proposal to the Board, the head of the agency--
(A) notifies the Committees on Appropriations of
the proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be used by an agency to
carry out a project that is approved by the Board unless the
head of the agency--
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the
terms of reimbursement of funding received for the
project; and
(B) agrees to submit to the Committees on
Appropriations a copy of each report relating to the
project that the head of the agency submits to the
Board.
united states agency for international development management
Sec. 7064. (a) Authority.--Up to $100,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the
authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2021.
(c) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
period of up to 4 years notwithstanding the limitation set forth in
such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(g) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(i) Personnel Levels.--
(1) Funds made available by this Act under the heading
``Operating Expenses'' are made available to support 1,850
permanent Foreign Service Officers and 1,600 permanent Civil
Service staff.
(2) Not later than 60 days after enactment of this Act, and
every 60 days thereafter until September 30, 2021, the USAID
Administrator shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, and foreign
service national workforce of USAID, on an operating unit-by-
operating unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for maintaining the
agency-wide, on-board Foreign Service Officers and Civil
Service staff at not less than the levels specified in
paragraph (1).
stabilization and development in regions impacted by extremism and
conflict
Sec. 7065. (a) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic Support
Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $200,000,000 shall
be made available for the Relief and Recovery Fund for
assistance for areas liberated or at risk from, or under the
control of, the Islamic State of Iraq and Syria, other
terrorist organizations, or violent extremist organizations,
including for stabilization assistance for vulnerable ethnic
and religious minority communities affected by conflict:
Provided, That unless specifically designated in this Act or in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) for assistance
for countries, such funds are in addition to amounts otherwise
made available for such purposes: Provided further, That such
funds appropriated under such headings may be transferred to,
and merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for the Relief and Recovery Fund, not less
than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity,
and war crimes, including in Iraq and Syria, which shall be in
addition to any other funds made available by this Act for such
purposes: Provided, That such programs shall include
components to develop local investigative and judicial skills,
and to collect and preserve evidence and maintain the chain of
custody of evidence, including for use in prosecutions, and may
include the establishment of, and assistance for, transitional
justice mechanisms: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of
Global Criminal Justice, Department of State: Provided
further, That funds made available by this paragraph shall be
made available on an open and competitive basis.
(b) Countering Violent Extremism in Asia.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
not less than $2,500,000 shall be made available for programs to
counter violent extremism in Asia, including within the Buddhist
community: Provided, That such funds are in addition to funds
otherwise made available by this Act for such purposes.
(c) Global Community Engagement and Resilience Fund.--Of the funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Economic Support Fund'', $5,000,000 shall be made available
to the Global Community Engagement and Resilience Fund (GCERF),
including as a contribution: Provided, That any such funds made
available for the GCERF shall be made available on a cost-matching
basis from sources other than the United States Government, to the
maximum extent practicable, and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) Global Concessional Financing Facility.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
$25,000,000 shall be made available for the Global Concessional
Financing Facility of the World Bank to provide financing to support
refugees and host communities: Provided, That such funds shall be in
addition to funds allocated for bilateral assistance in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and
may only be made available subject to prior to consultation with the
Committees on Appropriations.
disability programs
Sec. 7066. (a) Assistance.--Funds appropriated by this Act under
the heading ``Development Assistance'' shall be made available for
programs and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used by USAID
for management, oversight, and technical support.
debt-for-development
Sec. 7067. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
enterprise funds
Sec. 7068. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
rescissions
(including rescissions of funds)
Sec. 7069. (a) Economic Support Fund.--
(1) Of the unobligated balances available under the
Economic Support Fund, identified by Treasury Appropriation
Fund Symbol 72 X 1037, $32,000,000 are rescinded.
(2) Of the unobligated and unexpended balances available to
the President for bilateral economic assistance under the
heading ``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, $200,000,000 shall be deobligated, as
appropriate, and shall be rescinded.
(3) For the purposes of this subsection, no amounts may be
rescinded from amounts that were designated by Congress as an
emergency requirement or for Overseas Contingency Operations/
Global War on Terrorism pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(b) Embassy Security, Construction, and Maintenance.--Of the
unobligated balances from amounts available under the heading ``Embassy
Security, Construction, and Maintenance'' in title II of the Security
Assistance Appropriations Act, 2017 (division B of Public Law 114-254),
$242,462,000 are rescinded: Provided, That such funds that were
previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
(c) Complex Crises Fund.--Of the unobligated balances from amounts
made available under title VIII in prior Acts making appropriations for
the Department of State, foreign operations, and related programs under
the heading ``Complex Crises Fund'', $40,000,000 are rescinded:
Provided, That such funds that were previously designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
(d) Export-Import Bank of the United States.--Of the unobligated
balances available under the heading ``Export and Investment
Assistance, Export-Import Bank of the United States, Subsidy
Appropriation'' for tied-aid grants from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $64,282,000 are rescinded.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020''.
DIVISION H--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2020
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$115,490,000, of which not to exceed $3,100,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,000,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $21,000,000 shall be available for the Office of the General
Counsel; not to exceed $10,500,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$15,000,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,650,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $29,244,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $21,000,000, of which
$14,218,000 shall remain available until expended for (1) $5,000,000
for new competitive grants under section 5505 of title 49, United
States Code, for Tier I University Transportation Centers, (2)
$1,000,000 for the establishment of an emergency planning
transportation data initiative to conduct research and develop models
for data integration of geo-located weather and roadways information
for emergency and other severe weather conditions to improve public
safety and emergency evacuation and response capabilities, (3)
$1,000,000 for the Secretary of Transportation to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to conduct a study through the Transportation Research Board
on effective ways to measure the resilience of transportation systems
and services to natural disasters, natural hazards, and other potential
disruptions, and (4) $5,000,000 for the establishment of a Highly
Automated Systems Safety Center of Excellence as required in section
105 of this Act: Provided, That such amounts are in addition to
amounts previously provided for Tier I University Transportation
Centers: Provided further, That such amounts for additional Tier I
University Transportation Centers under this heading are provided
notwithstanding section 5505(c)(4)(A) of title 49, United States Code:
Provided further, That there may be credited to this appropriation, to
be available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be deemed to
be a reference to the Office of the Assistant Secretary for Research
and Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,000,000,000, to remain available through September 30, 2022:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for projects
that will have a significant local or regional impact: Provided
further, That projects eligible for funding provided under this heading
shall include, but not be limited to, highway or bridge projects
eligible under title 23, United States Code; public transportation
projects eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; port infrastructure
investments (including inland port infrastructure and land ports of
entry); and projects investing in surface transportation facilities
that are located on tribal land and for which title or maintenance
responsibility is vested in the Federal Government: Provided further,
That of the amount made available under this heading, the Secretary
shall use an amount not less than $15,000,000 for the planning,
preparation or design of projects eligible for funding under this
heading: Provided further, That grants awarded under the previous
proviso shall not be subject to a minimum grant size: Provided
further, That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit assistance
under chapter 6 of title 23, United States Code, or sections 501
through 504 of the Railroad Revitalization and Regulatory Reform Act of
1976 (Public Law 94-210), as amended, if the Secretary finds that such
use of the funds would advance the purposes of this paragraph:
Provided further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, and the investment in a
variety of transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not greater
than $25,000,000: Provided further, That not more than 10 percent of
the funds made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided further, That
the Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall financing
package: Provided further, That an award under this heading is an
urban award if it is to a project located within or on the boundary of
an Urbanized Area (UA), as designated by the U.S. Census Bureau, that
had a population greater than 200,000 in the 2010 Census: Provided
further, That for the purpose of determining if an award for planning,
preparation or design is an urban award, the project location is the
location of the project being planned, prepared or designed: Provided
further, That each award under this heading that is not an urban award
is a rural award: Provided further, That of the funds awarded under
this heading, not more than 50 percent shall be awarded as urban awards
and rural awards, respectively: Provided further, That for rural
awards, the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent: Provided
further, That projects conducted using funds provided under this
heading must comply with the requirements of subchapter IV of chapter
31 of title 40, United States Code: Provided further, That the
Secretary shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided further, That
the Secretary may retain up to $25,000,000 of the funds provided under
this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure Investments
program: Provided further, That none of the funds provided in the
previous proviso may be used to hire additional personnel: Provided
further, That the Secretary shall consider and award projects based
solely on the selection criteria from the fiscal year 2017 Notice of
Funding Opportunity: Provided further, That, notwithstanding the
previous proviso, the Secretary shall not use the Federal share or an
applicant's ability to generate non-Federal revenue as a selection
criteria in awarding projects: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity no later than 60 days
after enactment of this Act: Provided further, That such Notice of
Funding Opportunity shall require application submissions 90 days after
the publishing of such Notice: Provided further, That of the
applications submitted under the previous two provisos, the Secretary
shall make grants no later than 270 days after enactment of this Act in
such amounts that the Secretary determines: Provided further, That
such sums provided for national infrastructure investments for
multimodal safety projects under title VIII of division F of the
Consolidated and Further Continuing Appropriations Act, 2013 (Public
Law 113-6; 127 Stat. 423) shall remain available through fiscal year
2024 for the liquidation of valid obligations of active grants awarded
with this funding: Provided further, That the preceding proviso shall
be applied as if it were in effect on September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000,
to remain available until expended: Provided, That the Secretary shall
notify the House and Senate Committees on Appropriations no less than
15 days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $10,879,000, to remain available until expended: Provided,
That of such amount, $1,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $319,793,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2021: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation: Provided further, That appropriations made
available under this heading shall be available for any purpose
consistent with prior year appropriations that were made available
under the heading ``Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $162,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United States Code:
Provided further, That none of the funds in this Act or any other Act
shall be used to enter into a new contract with a community located
less than 40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost share:
Provided further, That amounts authorized to be distributed for the
essential air service program under section 41742(b) of title 49,
United States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements from all Federal agencies from
available funds for transit benefit distribution services that are
necessary to carry out the Federal transit pass transportation fringe
benefit program under Executive Order No. 13150 and section 3049 of
Public Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve will not
exceed one month of benefits payable and may be used only for the
purpose of providing for the continuation of transit benefits:
Provided further, That the Working Capital Fund will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Sec. 104. No later than May 1, 2020, the Secretary shall announce
the selection of all projects to receive awards for all competitive
grants provided in Public Law 116-6 under the headings: ``Federal
Railroad Administration--Federal-State Partnership for State of Good
Repair'', ``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'', ``Federal Railroad
Administration--Restoration and Enhancement'', ``Federal Railroad
Administration--Magnetic Levitation Technology Deployment Program'',
and ``Maritime Administration--Port Infrastructure Development
Program''.
Sec. 105. (a) The Secretary shall establish a Highly Automated
Systems Safety Center of Excellence within the Department of
Transportation, in order to have a Department of Transportation
workforce capable of reviewing, assessing, and validating the safety of
automated technologies.
(b) The Highly Automated Systems Safety Center of Excellence
shall--
(1) serve as a central location within the Department of
Transportation for expertise in automation and human factors,
computer science, data analytics, machine learning, sensors,
and other technologies involving automated systems;
(2) collaborate with and provide support on highly
automated systems to all Operating Administrations of the
Department of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations of the Department of
Transportation and other Federal agencies.
(c) Employees of the Highly Automated Systems Safety Center of
Excellence, in conjunction with the relevant Operating Administrations
of the Department of Transportation, shall review, assess, and validate
highly automated systems to ensure their safety.
(d) The Highly Automated Systems Safety Center of Excellence shall
not supersede laws or regulations granting certification authorities to
Operating Administrations of the Department of Transportation.
(e) No later than 90 days after the date of enactment of this Act,
the Secretary shall report to the Committees on Appropriations of the
House of Representatives and the Senate on staffing needs and the
staffing plan for the Highly Automated Systems Safety Center of
Excellence.
Sec. 106. None of the funds made available by this Act shall be
used to terminate the Intelligent Transportation System Program
Advisory Committee established under section 5305(h) of SAFETEA-LU (23
U.S.C. 512 note; Public Law 109-59).
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $10,630,000,000, to remain available until September
30, 2021, of which $10,519,000,000 shall be derived from the Airport
and Airway Trust Fund: Provided, That of the sums appropriated under
this heading--
(1) not less than $1,404,096,000 shall be available for
aviation safety activities;
(2) $7,970,734,000 shall be available for air traffic
organization activities;
(3) $26,040,000 shall be available for commercial space
transportation activities;
(4) $800,646,000 shall be available for finance and
management activities;
(5) $61,538,000 shall be available for NextGen and
operations planning activities;
(6) $118,642,000 shall be available for security and
hazardous materials safety; and
(7) $248,304,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of
5 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after the date
that is 60 days after the submission of the budget request that such
report has not been submitted to the Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after the date that is 60 days after
the submission of the budget request that such report has not been
submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $170,000,000 shall be
used to fund direct operations of the current air traffic control
towers in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any other Act
may be used to eliminate the Contract Weather Observers program at any
airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,045,000,000, of which $515,000,000 shall remain available until
September 30, 2021, $2,409,473,000 shall remain available until
September 30, 2022, and $120,527,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2021 through 2025, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $192,665,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2022: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That funds made available under this heading shall be used in
accordance with the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That not to exceed 10 percent of any funding level specified
under this heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) may be
transferred to any other funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2020, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $116,500,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$39,224,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include the
participation of an airport that serves a community or consortium that
is not larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the Secretary
issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $400,000,000, to remain available
through September 30, 2022: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471:
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may retain up to
0.5 percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2020.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order No. 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation
in the Contract Tower Program, or for reevaluation of Cost-share
Program participants as long as the Federal Aviation Administration has
received an application from the airport, and as long as the
Administrator determines such tower is eligible using the factors set
forth in Federal Aviation Administration published establishment
criteria.
Sec. 119D. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or technical center unless
the Administrator submits a request for the reprogramming of funds
under section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94) shall
not exceed total obligations of $46,365,092,000 for fiscal year 2020:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative expenses that are
also available for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $47,104,092,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$2,166,140,392: Provided, That the funds made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2020 in this or any other Act for:
(1) ``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; or (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240, and shall not affect the
distribution or amount of funds provided in any other Act: Provided
further, That section 1101(b) of Public Law 114-94 shall apply to funds
made available under this heading: Provided further, That of the funds
made available under this heading--
(1) $781,140,392 shall be for activities eligible under
sections 133(b)(1) and 133(b)(4) of title 23, United States
Code, and to provide necessary charging infrastructure along
corridor-ready or corridor-pending alternative fuel corridors
designated pursuant to section 151 of title 23, United States
Code;
(2) $1,150,000,000 shall be for a bridge replacement and
rehabilitation program;
(3) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(4) $3,500,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(5) $1,500,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(6) $70,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(7) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(8) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act; and
(9) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That for the purposes of funds made available under
this heading for activities eligible under sections 133(b)(1) and
133(b)(4) of title 23, United States Code, and to provide necessary
charging infrastructure along corridor-ready or corridor-pending
alternative fuel corridors designated pursuant to section 151 of title
23, United States Code, the term ``State'' means any of the 50 States
or the District of Columbia: Provided further, That the funds made
available under this heading for activities eligible under sections
133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or corridor-
pending alternative fuel corridors designated pursuant to section 151
of title 23, United States Code, shall be suballocated in the manner
described in section 133(d) of such title, except that the set-aside
described in section 133(h) of such title shall not apply to funds made
available under this heading: Provided further, That the funds made
available under this heading for activities eligible under sections
133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or corridor-
pending alternative fuel corridors designated pursuant to section 151
of title 23, United States Code, shall be administered as if
apportioned under chapter 1 of such title and shall remain available
through September 30, 2023: Provided further, That the funds made
available under this heading for activities eligible under sections
133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or corridor-
pending alternative fuel corridors designated pursuant to section 151
of title 23, United States Code, shall be apportioned to the States in
the same ratio as the obligation limitation for fiscal year 2020 is
distributed among the States in section 120(a)(5) of this Act:
Provided further, That, except as provided in the following proviso,
the funds made available under this heading for activities eligible
under the Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if allocated under
sections 165(b) and 165(c), respectively, of title 23, United States
Code, and shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program shall not be
subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of
such title: Provided further, That the funds made available under this
heading for the nationally significant Federal lands and tribal
projects program under section 1123 of the FAST Act shall remain
available through September 30, 2023: Provided further, That for the
purposes of funds made available under this heading for a bridge
replacement and rehabilitation program, (1) the term ``State'' means
any of the 50 States or the District of Columbia, and (2) the term
``qualifying State'' means any State in which the percentage of total
deck area of bridges classified as in poor condition in such State is
at least 5 percent: Provided further, That, of the funds made
available under this heading for a bridge replacement and
rehabilitation program, the Secretary shall reserve $6,000,000 for each
State that does not meet the definition of a qualifying State:
Provided further, That, after making the reservations under the
preceding proviso, the Secretary shall distribute the remaining funds
made available under this heading for a bridge replacement and
rehabilitation program to each qualifying State by the proportion that
the percentage of total deck area of bridges classified as in poor
condition in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition in all
qualifying States: Provided further, That for the bridge replacement
and rehabilitation program:
(1) no qualifying State shall receive more than
$50,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $50,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That the funds made available under this heading
for a bridge replacement and rehabilitation program shall be used for
highway bridge replacement or rehabilitation projects on public roads:
Provided further, That for purposes of this heading for the bridge
replacement and rehabilitation program, the Secretary shall calculate
the percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor condition) based
on the National Bridge Inventory as of December 31, 2018: Provided
further, That the funds made available under this heading for a bridge
replacement and rehabilitation program shall be administered as if
apportioned under chapter 1 of title 23, United States Code, and shall
remain available through September 30, 2023: Provided further, That
the funds made available under this heading, in paragraph (7) in the
third proviso, shall be available for projects eligible under section
130(a) of title 23, United States Code, for commuter authorities, as
defined in section 24102(2) of title 49, United States Code, that
experienced at least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and December 31,
2018 and for which the National Transportation Safety Board issued an
accident report: Provided further, That the funds made available under
this heading, in paragraph (7) of the third proviso, shall be
administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That for the purposes of funds made
available under this heading for construction of the Appalachian
Development Highway System, the term ``Appalachian State'' means a
State that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code: Provided
further, That funds made available under this heading for construction
of the Appalachian Development Highway System shall remain available
until expended: Provided further, That a project carried out with
funds made available under this heading for construction of the
Appalachian Development Highway System shall be carried out in the same
manner as a project under section 14501 of title 40, United States
Code: Provided further, That subject to the following proviso, funds
made available under this heading for construction of the Appalachian
Development Highway System shall be apportioned to Appalachian States
according to the percentages derived from the 2012 Appalachian
Development Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and confirmed as
each Appalachian State's relative share of the estimated remaining need
to complete the Appalachian Development Highway System, adjusted to
exclude those corridors that such States have no current plans to
complete, as reported in the 2013 Appalachian Development Highway
System Completion Report: Provided further, That the Secretary shall
adjust apportionments made under the preceding proviso so that no
Appalachian State shall be apportioned an amount in excess of 30
percent of the amount made available for construction of the
Appalachian Development Highway System under this heading: Provided
further, That the Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two provisos:
Provided further, That the Federal share of the costs for which an
expenditure is made for construction of the Appalachian Development
Highway System under this heading shall be up to 100 percent: Provided
further, That amounts provided under this heading in paragraphs (7),
(8), and (9) shall remain available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds provided in this Act may be used to
make a grant for a project under section 117 of title 23, United States
Code, unless the Secretary, at least 60 days before making a grant
under that section, provides written notification to the House and
Senate Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System Designation
Act of 1995 (Public Law 104-59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190;
99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding any other provision of law, tolls collected for motor
vehicles on any bridge connecting the boroughs of Brooklyn, New York,
and Staten Island, New York, shall be collected for any such vehicles
exiting from such bridge in both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the Administrator of
the Federal Highway Administration shall make determinations on Buy
America waivers for those waivers that were submitted before April 17,
2018, as if the notice of proposed rulemaking of that date was not in
effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States Code, is
amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section 120,
each fiscal year, if the Secretary determines that a
State has not developed and implemented a State asset
management plan consistent with this section, the
Federal share payable on account of any project or
activity for which funds are obligated by the State in
that fiscal year under this section shall be 65
percent.
``(B) Determination.--The Secretary shall make the
determination under subparagraph (A) for a fiscal year
not later than the day before the beginning of such
fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$288,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $288,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2020, of which $9,073,000, to remain available for obligation until
September 30, 2022, is for the research and technology program, and of
which $35,334,000, to remain available for obligation until September
30, 2022, is for information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $391,135,561, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $391,135,561 in fiscal
year 2020 for ``Motor Carrier Safety Grants'': Provided further, That
of the sums appropriated under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety in the Transportation Equity Act for the
21st Century (Public Law 105-178), SAFETEA-LU (Public Law 109-
59), or other appropriations or authorization Acts; and
(4) $3,335,561 shall be made available for commercial motor
vehicle operators grants, of which $2,335,561 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety in the Transportation Equity
Act for the 21st Century (Public Law 105-178), SAFETEA-LU
(Public Law 109-59), or other appropriations or authorization
Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
Sec. 132. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$194,000,000, of which $40,000,000 shall remain available through
September 30, 2021.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94), and chapter 303 of
title 49, United States Code, $155,300,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2020, are in excess of
$155,300,000: Provided further, That of the sums appropriated under
this heading--
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls, and section 4011 of the
Fixing America's Surface Transportation Act (Public Law 114-
94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2021, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2020 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $623,017,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2020 are in
excess of $623,017,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That of the sums appropriated
under this heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2021, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide funding
for grants, pilot program activities, and innovative solutions to
reduce impaired-driving fatalities in collaboration with eligible
entities under section 403 of title 23, United States Code; and
(2) not to exceed $10,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-rail grade
crossing safety in collaboration with the Federal Railroad
Administration.
Sec. 143. None of the funds in this Act or any other Act shall be
used to enforce the requirements of 23 U.S.C. 405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $224,198,000, of which $20,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $200,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for funds provided under this
heading consistent with section 24911 of title 49, United States Code,
no later than 180 days after enactment of this Act: Provided further,
That the Secretary shall review all applications received in response
to the Notice of Funding Opportunity required in the previous proviso:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for the funds described in the previous two
provisos no later than 1 year of enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 22907 of title
49, United States Code, $325,000,000, to remain available until
expended: Provided, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 22907(c)(1) of
title 49, United States Code: Provided further, That amounts available
under this heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after selection, to
the appropriate agencies to be administered in accordance with chapter
53 of title 49, United States Code: Provided further, That the
Secretary shall not limit eligible projects from consideration for
funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That unobligated balances remaining after 4 years from the
date of enactment may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further, That the
Secretary may withhold up to one percent of the amount provided under
this heading for the costs of award and project management oversight of
grants carried out under section 22907 of title 49, United States Code:
Provided further, That of the sums appropriated under this heading,
$45,000,000 shall be available for projects eligible under section
22907(c)(2) of title 49, United States Code, that require the
acquisition of rights-of-way, track, or track structure to support the
development of new intercity passenger rail service routes: Provided
further, That for amounts available under this heading eligible
recipients under section 22907(b) of title 49, United States Code,
shall include any holding company of a Class II railroad or Class III
railroad (as those terms are defined in section 20102 of title 49,
United States Code): Provided further, That the Secretary shall issue
the Notice of Funding Opportunity that encompasses funds provided under
this heading in this Act no later than 120 days after enactment of this
Act and announce the selection of projects to receive awards for such
funds no later than 300 days after the enactment of this Act: Provided
further, That the Notice of Funding Opportunity under the previous
proviso shall require application submissions 60 days after the
publishing of such Notice.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in section
1307(a) through (c) of Public Law 109-59, as amended by section 102 of
Public Law 110-244 (section 322 of title 23, United States Code),
$2,000,000, to remain available until expended.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$2,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of award and project management and
oversight.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act: Provided further,
That of the amounts made available under this heading and the
``National Network Grants to the National Railroad Passenger
Corporation'' heading, $100,000,000 shall be made available to fund the
replacement of the single-level passenger cars used on Northeast
Corridor, State Supported Corridor, and Long Distance routes.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,300,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety technology,
including the implementation of a positive train control system, on
State-supported routes as defined under section 24102(13) of title 49,
United States Code, on which positive train control systems are not
required by law or regulation: Provided further, That none of the
funds provided under this heading shall be used by Amtrak to give
notice under subsection (a) or (b) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined in
section 24102 of title 49, United States Code) on which Amtrak is the
sole operator on a host railroad's line and a positive train control
system is not required by law or regulation, or, except in an emergency
or during maintenance or construction outages impacting such routes, to
otherwise discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any portion of such
route operated in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United States Code, in
lieu of rail service.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2019 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2019 and for the three
prior calendar years.
Sec. 151. None of the funds provided to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations, facilities or
rights-of-way below the staffing level on May 1, 2019.
Sec. 152. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 153. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $117,000,000, of which $15,000,000 shall remain available
until September 30, 2021, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2021 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on Capital Investment Grants, including proposed
allocations for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there
is substantial public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to the
amounts appropriated for purposes of 49 U.S.C. 5338(e), not less than 2
percent of the funds appropriated or available for the purposes of 49
U.S.C. 5338(f) shall be available for the purposes of 49 U.S.C.
5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, low or no emission grants
under section 5339(c) of such title, formula grants to rural areas
under section 5311 of such title, high density state apportionments
under section 5340(d) of such title, the demonstration and deployment
of innovative mobility solutions as authorized under section 5312 of
such title, bus testing facilities under sections 5312 and 5318 of such
title, and for grants to areas of persistent poverty, $510,000,000, to
remain available until expended: Provided, That of the sums provided
under this heading--
(1) $338,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section 5339
of such title, of which $168,000,000 shall be available for the
buses and bus facilities formula grants as authorized under
section 5339(a) of such title, and $170,000,000 shall be
available for buses and bus facilities competitive grants as
authorized under section 5339(b) of such title;
(2) $75,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of
such title;
(5) Notwithstanding section 5318(a) of such title,
$3,000,000 shall be available for the operation and maintenance
of bus testing facilities by institutions of higher education
selected pursuant to section 5312(h): Provided, That the
Secretary shall enter into a contract or cooperative agreement
with, or make a grant to, each institution of higher education
selected pursuant to section 5312(h) of such title, to operate
and maintain a facility to conduct the testing of low or no
emission vehicle new bus models using the standards established
pursuant to section 5318(e)(2) of such title: Provided
further, That the term ``low or no emission vehicle'' has the
meaning given the term in section 5312(e)(6) of such title:
Provided further, That the Secretary shall pay 80 percent of
the cost of testing a low or no emission vehicle new bus model
at each selected institution of higher education: Provided
further, That the entity having the vehicle tested shall pay 20
percent of the cost of testing: Provided further, That a low
or no emission vehicle new bus model tested that receives a
passing aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title;
(6) $5,500,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of such title; and
(7) $8,500,000 shall be available for competitive grants to
eligible entities to assist areas of persistent poverty:
Provided, That areas of persistent poverty means any county
that has consistently had 20 percent or more of the population
living in poverty over the 30 years preceding the date of
enactment of this Act, as measured by the 1990 and 2000
decennial census and the most recent Small Area Income and
Poverty Estimates, or any census tract with a poverty rate of
at least 20 percent as measured by the 2013-2017 5-year data
series available from the American Community Survey of the
Census Bureau: Provided further, That grants shall be for
planning, engineering, or development of technical, or
financing plans for projects eligible under chapter 53 of title
49, United States Code: Provided further, That eligible
entities are those defined as eligible recipients or
subrecipients under sections 5307, 5310 or 5311 of title 49,
United States Code, and are in areas of persistent poverty:
Provided further, That the Federal Transit Administration
should complete outreach to such counties and the departments
of transportation within applicable States via personal
contact, webinars, web materials and other appropriate methods
determined by the Administrator: Provided further, That State
departments of transportation may apply on behalf of eligible
entities within their States: Provided further, That the
Federal Transit Administration should encourage grantees to
work with non-profits or other entities of their choosing in
order to develop planning, technical, engineering, or financing
plans: Provided further, That the Federal Transit
Administration should encourage grantees to partner with non-
profits that can assist with making projects low or no
emissions: Provided further, That projects funded under
paragraph (7) of this heading shall be for not less than 90
percent of the net total project cost:
Provided further, That amounts made available by this heading shall
be derived from the general fund: Provided further, That the amounts
made available under this heading shall not be subject to any
limitation on obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to
remain available until September 30, 2021, of which not less than
$2,500,000 shall be for a cooperative agreement through which the
Federal Transit Administration assists transit recipients with
frontline workforce development and standards based training in
maintenance and operations through an agreement with a national
nonprofit organization with a demonstrated capacity to develop and
provide such programs though labor management partnerships and
apprenticeships: Provided, That the assistance provided under this
heading does not duplicate the activities of 49 U.S.C. 5311(b) or 49
U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$1,978,000,000, to remain available until September 30, 2023:
Provided, That of the amounts made available under this heading,
$1,681,300,000 shall be allocated by December 31, 2021: Provided
further, That of the amounts made available under this heading,
$1,458,000,000 shall be available for projects authorized under section
5309(d) of title 49, United States Code, $300,000,000 shall be
available for projects authorized under section 5309(e) of title 49,
United States Code, $100,000,000 shall be available for projects
authorized under section 5309(h) of title 49, United States Code, and
$100,000,000 shall be available for projects authorized under section
3005(b) of the Fixing America's Surface Transportation Act: Provided
further, That the Secretary shall continue to administer the capital
investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the Expedited Project Delivery for Capital
Investment Grants Pilot Program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants: Provided further,
That the Secretary, in order to ensure safety throughout the rail
system, may waive the requirements of section 601(e)(1) of division B
of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2023, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2019, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. No funds in this or any other Act shall be used to
adjust apportionments or withhold funds from apportionments pursuant to
26 U.S.C. 9503(e)(4).
Sec. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities, including
a transit vehicle manufacturer, that intend to participate in the
implementation of a project under section 5339(c) of title 49, United
States Code, and a project awarded with such partnership shall be
treated as satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for the named
entity.
Sec. 165. None of the funds made available in this or any other
Act shall be used to impede or hinder project advancement or approval
for any project seeking a Federal contribution from the capital
investment grant program of greater than 40 percent of project costs as
authorized under 49 U.S.C. 5309.
Sec. 166. None of the funds made available under this Act may be
used for the implementation or furtherance of new policies detailed in
the ``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint
Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $38,000,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this heading, not
less than $16,000,000 shall be used on capital asset renewal
activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $152,589,000: Provided, That of the sums
appropriated under this heading--
(1) $80,216,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, and equipment at the United States
Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $9,775,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after enactment of
this Act, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the United
States Merchant Marine Academy as required pursuant to section 3507 of
Public Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program (America's Marine
Highways) from prior year recoveries shall be available to carry out
activities authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided further, That from funds provided under
paragraphs (3) and (4) of the first proviso, the Secretary of
Transportation shall make grants no later than 180 days after enactment
of this Act in such amounts as the Secretary determines: Provided
further, That any unobligated balances and obligated balances not yet
expended from previous appropriations under this heading for programs
and activities supporting State Maritime Academies shall be transferred
to and merged with the appropriations for ``Maritime Administration--
State Maritime Academy Operations'' and shall be made available for the
same purposes as the appropriations for ``Maritime Administration--
State Maritime Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $342,280,000: Provided, That
of the sums appropriated under this heading--
(1) $30,080,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of which
$8,080,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated with
training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for
costs associated with mobilizing, operating and demobilizing
the vessel, including travel costs for students, faculty and
crew, the costs of the general agent, crew costs, fuel,
insurance, operational fees, and vessel hire costs, as
determined by the Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 shall remain available through September 30,
2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided further, That of
the amounts made available under this heading, no less than
$200,000,000 shall be for coastal seaports or Great Lakes ports:
Provided further, That the Maritime Administration shall distribute
funds provided under this heading as discretionary grants to port
authorities or commissions or their subdivisions and agents under
existing authority, as well as to a State or political subdivision of a
State or local government, a tribal government, a public agency or
publicly chartered authority established by one or more States, a
special purpose district with a transportation function, a multistate
or multijurisdictional group of entities, or a lead entity described
above jointly with a private entity or group of private entities:
Provided further, That projects eligible for funding provided under
this heading shall be designed to improve the safety, efficiency, or
reliability of the movement of goods into, out of, around, or within a
port and located--
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages necessary
for intermodal freight transfer, warehouses including
refrigerated facilities, lay-down areas, transit sheds, and
other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be up to 80 percent:
Provided further, That for grants awarded under this heading, the
minimum grant size shall be $1,000,000: Provided further, That for
grant awards less than $10,000,000, the Secretary shall prioritize
ports that handled less than 10,000,000 short tons in 2017, as
identified by the U.S. Army Corps of Engineers: Provided further, That
for grant awards less than $10,000,000, the Secretary may increase the
Federal share of costs above 80 percent: Provided further, That not to
exceed 2 percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $24,215,000, of which $1,500,000 shall
remain available until September 30, 2022: Provided, That no later
than 90 days after enactment of this Act, the Secretary of
Transportation shall initiate a rulemaking on automatic and remote-
controlled shut-off valves and hazardous liquid pipeline facilities
leak detection systems as required under section 4 and section 8 of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90), respectively, and shall issue a final rule no
later than one year after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $61,000,000, of which $11,000,000 shall remain
available until September 30, 2022: Provided, That up to $800,000 in
fees collected under 49 U.S.C. 5108(g) shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
remain available until September 30, 2022, of which $23,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$137,000,000 shall be derived from the Pipeline Safety Fund; and of
which $8,000,000 shall be derived from fees collected under 49 U.S.C.
60302 and deposited in the Underground Natural Gas Storage Facility
Safety Account for the purpose of carrying out 49 U.S.C. 60141:
Provided, That not less than $1,058,000 of the funds provided under
this heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2022, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in the
current year shall be available to develop a hazardous materials
response training curriculum for emergency responders, including
response activities for the transportation of crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire
Protection Association standards, and to make such training available
through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to
carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$94,600,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 125 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the Department shall provide the list
required in this subsection prior to the notification required in
subsection (a): Provided further, That the requirement to provide a
list in this subsection does not apply to any ``quick release'' of
funds from the emergency relief program: Provided further, That no
list shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended by
the Improper Payments Elimination and Recovery Act of 2010 and
Improper Payments Elimination and Recovery Improvement Act of
2012, and Fraud Reduction and Data Analytics Act of 2015:
Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of Public
Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 192. Section 502(b)(3) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by
striking ``only during the 4-year period beginning on the date of
enactment of the Passenger Rail Reform and Investment Act of 2015'' and
inserting ``until September 30, 2020''.
Sec. 193. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,217,000, to
remain available until September 30, 2021: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $563,378,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading--
(1) $73,562,000 shall be available for the Office of the
Chief Financial Officer;
(2) $103,916,000 shall be available for the Office of the
General Counsel, of which not less than $18,700,000 shall be
for the Departmental Enforcement Center;
(3) $206,849,000 shall be available for the Office of
Administration;
(4) $39,827,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $57,861,000 shall be available for the Office of Field
Policy and Management;
(6) $19,445,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,242,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $57,676,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; and
services as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House and Senate
Committees on Appropriations quarterly written notification regarding
the status of pending congressional reports: Provided further, That
the Secretary shall provide in electronic form all signed reports
required by Congress: Provided further, That none of the funds made
available under this heading for the Office of the Chief Financial
Officer for the financial transformation initiative shall be available
for obligation until after the Secretary has published all mitigation
allocations made available under the heading ``Department of Housing
and Urban Development--Community Planning and Development--Community
Development Fund'' in Public Law 115-123 and the necessary
administrative requirements pursuant to section 1102 of Public Law 116-
20: Provided further, That only after the terms and conditions of the
previous proviso have been met, not more than 10 percent of the funds
made available under this heading for the Office of the Chief Financial
Officer for the financial transformation initiative may be obligated
until the Secretary submits to the House and Senate Committees on
Appropriations, for approval, a plan for expenditure that includes the
financial and internal control capabilities to be delivered and the
mission benefits to be realized, key milestones to be met, and the
relationship between the proposed use of funds made available under
this heading and the projected total cost and scope of the initiative.
program offices
For necessary salaries and expenses for Program Offices,
$847,000,000, to remain available until September 30, 2021: Provided,
That of the sums appropriated under this heading--
(1) $227,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $124,000,000 shall be available for the Office of
Community Planning and Development;
(3) $384,000,000 shall be available for the Office of
Housing, of which not less than $12,300,000 shall be for the
Office of Recapitalization;
(4) $28,000,000 shall be available for the Office of Policy
Development and Research;
(5) $75,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least fifteen (15) days in advance of such transfers: Provided
further, That the Secretary may transfer not to exceed an additional
$5,000,000, in aggregate, from all such appropriations, to be merged
with the Fund and to remain available until expended for any purpose
under this heading.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $19,874,050,000, to remain available until
expended, shall be available on October 1, 2019 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2019), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2020: Provided, That
the amounts made available under this heading are provided as follows:
(1) $21,502,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2020: Provided further, That the
Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded pursuant
to their MTW agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided
further, That the Secretary may offset public housing agencies'
calendar year 2020 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2019 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2020 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the previous two provisos throughout the
calendar year to prevent the termination of rental assistance
for families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $100,000,000 shall be available only: (1) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; (4) for public housing
agencies that despite taking reasonable cost savings measures,
as determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding; (5) for adjustments in the allocations
for public housing agencies that (i) are leasing a lower-than-
average percentage of their authorized vouchers, (ii) have low
amounts of budget authority in their net restricted assets
accounts and HUD-held programmatic reserves, relative to other
agencies, and (iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more vouchers;
and (6) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.): Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $75,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may only provide replacement
vouchers for units that were occupied within the previous 24
months that cease to be available as assisted housing, subject
only to the availability of funds: Provided further, That of
the amounts made available under this paragraph, up to
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the previous proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the
initial family that received any such voucher no longer
receives such voucher, and the authority for any public housing
agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8
rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and
used to reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,977,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, HUD-VASH vouchers,
and other special purpose incremental vouchers: Provided, That
no less than $1,947,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2020 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements, and shall be
subject to the same uniform percentage decrease as under the
previous proviso: Provided further, That amounts provided
under this paragraph shall be only for activities related to
the provision of tenant-based rental assistance authorized
under section 8, including related development activities;
(4) $229,050,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading: Provided further, That upon turnover, section 811
special purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) $1,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That such assistance shall be administered in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 and modeled after
the HUD-VASH program: Provided further, That the Secretary
shall be authorized to waive, or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall
report to the Secretary on utilization of such rental
assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made
available under this subparagraph shall continue to
remain available for family unification upon turnover;
and
(B) $20,000,000 shall be for new incremental
voucher assistance to assist eligible youth as defined
by such section 8(x)(2)(B): Provided, That assistance
made available under this subparagraph shall continue
to remain available for such eligible youth upon
turnover: Provided further, That of the total amount
made available under this subparagraph, up to
$10,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria
as specified by the Secretary: Provided further, That
the Secretary shall review utilization of the
assistance made available under the previous proviso,
at an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
shall be recaptured by the Secretary and reallocated
pursuant to the previous proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program, or made available and
competitively selected under this paragraph, that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6; 133 Stat. 465), of which up to $5,000,000
shall be for new incremental voucher assistance and the
remainder of which shall be available to provide mobility-
related services to families with children, including pre- and
post-move counseling and rent deposits, and to offset the
administrative costs of operating the mobility demonstration:
Provided, That incremental voucher assistance made available
under this paragraph shall be for families with children
participating in the mobility demonstration and shall continue
to remain available for families with children upon turnover:
Provided further, That for any public housing agency
administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2020 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $2,869,893,812, to remain available until
September 30, 2023: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2020, the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That of the total amount made
available under this heading, up to $14,000,000 shall be to support
ongoing public housing financial and physical assessment activities:
Provided further, That of the total amount made available under this
heading, up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further, That of
the total amount provided under this heading, not to exceed $64,650,000
shall be available for the Secretary to make grants, notwithstanding
section 203 of this Act, to public housing agencies for emergency
capital needs including safety and security measures necessary to
address crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under the
Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et
seq.) occurring in fiscal year 2020, of which $34,650,000 shall be
available for public housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor: Provided
further, That of the amount made available under the previous proviso,
not less than $10,000,000 shall be for safety and security measures:
Provided further, That in addition to the amount in the previous
proviso for such safety and security measures, any amounts that remain
available, after all applications received on or before September 30,
2021, for emergency capital needs have been processed, shall be
allocated to public housing agencies for such safety and security
measures: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is
approved or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2020 to public
housing agencies that are designated high performers: Provided
further, That the Department shall notify public housing agencies of
their formula allocation within 60 days of enactment of this Act:
Provided further, That of the total amount provided under this heading,
$45,000,000 shall be available for competitive grants to public housing
agencies to evaluate and reduce lead-based paint hazards and other
housing-related hazards including carbon monoxide and mold in public
housing: Provided further, That of the amounts available under the
previous proviso, no less than $25,000,000 shall be for competitive
grants to public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the activities of risk
assessments, abatement, and interim controls (as those terms are
defined in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b)): Provided further, That for
purposes of environmental review, a grant under the previous two
provisos shall be considered funds for projects or activities under
title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) for purposes of section 26 of such Act (42 U.S.C. 1437x) and
shall be subject to the regulations implementing such section:
Provided further, That for funds made available under the previous
three provisos, the Secretary shall allow a PHA to apply for up to 20
percent of the funds made available under the first two provisos and
prioritize need when awarding grants.
public housing operating fund
For 2020 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,549,000,000,
to remain available until September 30, 2021: Provided, That of the
total amount available under this heading, $25,000,000 shall be
available to the Secretary to allocate pursuant to a need-based
application process notwithstanding section 203 of this title and not
subject to the Operating Fund formula at part 990 of title 24, Code of
Federal Regulations to public housing agencies that experience
financial insolvency, as determined by the Secretary: Provided
further, That after all such insolvency needs are met, the Secretary
may distribute any remaining funds to all public housing agencies on a
pro-rata basis pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $175,000,000, to remain available until September 30, 2022:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$87,500,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures, remaining
from funds appropriated under the heading ``Revitalization of Severely
Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no later than
90 days after enactment of this Act: Provided further, That the
Secretary shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2023, obligate any available unobligated balances
made available under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2023, $130,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $80,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements under subsections
(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in
order to facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under different
provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to use
funding from residual receipt accounts to hire coordinators for
their own Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), and related training and technical assistance,
$825,000,000, to remain available until September 30, 2024, unless
otherwise specified: Provided, That the amounts made available under
this heading are provided as follows:
(1) $646,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided, That, notwithstanding NAHASDA, to determine
the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $2,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the costs
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available
to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $32,000,000;
(3) $100,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate this additional amount for competitive
grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That in awarding this
additional amount, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation: Provided
further, That a grant funded pursuant to this paragraph shall
be not greater than $10,000,000: Provided further, That up to
1 percent of this additional amount may be transferred, in
aggregate, to ``Program Offices--Public and Indian Housing''
for necessary costs of administering and overseeing the
obligation and expenditure of this additional amount and of
additional amounts provided in prior years, to remain available
until September 30, 2025: Provided further, That any funds
transferred pursuant to the previous proviso in prior Acts may
also be used for the purposes described in the previous
proviso;
(4) $70,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development Block
Grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), up to $4,000,000 may be
used for emergencies that constitute imminent threats to health
and safety: Provided, That not to exceed 20 percent of any
grant made with funds appropriated under this paragraph shall
be expended for planning and management development and
administration: Provided further, That funds provided under
this paragraph shall remain available until September 30, 2022;
and
(5) $7,000,000 shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related to
funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available for a
national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That amounts made
available under this paragraph may be used, contracted, or
competed as determined by the Secretary: Provided further,
That notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167): Provided further, That of the funds
made available under this paragraph, not more than $1,000,000
shall be available to support utilization, outreach, and
capacity building with tribes and tribal housing organizations
for the Tribal HUD-VASH program.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,100,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That an additional $500,000, to remain available
until expended, shall be available for administrative contract expenses
including management processes to carry out the loan guarantee program:
Provided further, That the Secretary may subsidize total loan
principal, any part of which is to be guaranteed, up to $1,000,000,000,
to remain available until expended: Provided further, That for any
unobligated balances (including amounts of uncommitted limitation)
remaining from amounts made available under this heading in Public Law
115-31, Public Law 115-141, and Public Law 116-6, and for any
recaptures occurring in fiscal year 2019 or in future fiscal years of
amounts made available under this heading in prior fiscal years, the
second proviso of each such heading shall be applied as if ``these
funds are available to'' was struck and ``the Secretary may'' was
inserted in its place.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2024: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal
years may be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $410,000,000, to remain available until September 30,
2021, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2022: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant program
under title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,425,000,000,
to remain available until September 30, 2022, unless otherwise
specified: Provided, That unless explicitly provided for under this
heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion
of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such funds for
activities eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided under
this heading may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such project has
been evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That of the total amount
provided under this heading, $25,000,000 shall be for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided further, That the funds
allocated pursuant to the previous proviso shall not adversely affect
the amount of any formula assistance received by a State under this
heading: Provided further, That the Secretary shall allocate the funds
for such activities based on the percentages shown in Table 1 of the
Notice establishing the funding formula published in 84 FR 16027 (April
17, 2019): Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the previous proviso shall distribute all funds subject to such
guarantee to the units of general local government in nonentitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,350,000,000, to remain available until September 30, 2023:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in 2016, 2017, 2018, 2019, 2020, 2021, or 2022 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in 2018, 2019, 2020, 2021, or
2022 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $55,000,000, to remain available
until September 30, 2022: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help Homeownership Opportunity Program as authorized under section 11
of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$36,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities:
Provided further, That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as authorized
under section 1079 of Public Law 113-291: Provided further, That funds
provided under the previous proviso shall be awarded within 180 days of
enactment of this Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act
$2,777,000,000, to remain available until September 30, 2022: Provided
further, That not less than $290,000,000 of the funds appropriated
under this heading shall be available for such Emergency Solutions
Grants program: Provided further, That not less than $2,350,000,000 of
the funds appropriated under this heading shall be available for such
Continuum of Care and Rural Housing Stability Assistance programs:
Provided further, That of the amounts made available under this
heading, up to $50,000,000 shall be made available for grants for rapid
re-housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary determines
to be critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided further, That
such projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
homeless data analysis project: Provided further, That for all match
requirements applicable to funds made available under this heading for
this fiscal year and prior fiscal years, a grantee may use (or could
have used) as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was) a
specific statutory prohibition on any such use of any such funds:
Provided further, That none of the funds provided under this heading
shall be available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are evaluated
and ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided further,
That the Secretary shall provide incentives to create projects that
coordinate with housing providers and healthcare organizations to
provide permanent supportive housing and rapid rehousing services:
Provided further, That any unobligated amounts remaining from funds
appropriated under this heading in fiscal year 2012 and prior years for
project-based rental assistance for rehabilitation projects with 10-
year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were appropriated:
Provided further, That all balances for Shelter Plus Care renewals
previously funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if recaptured, for
Continuum of Care renewals in fiscal year 2020: Provided further, That
the Department shall notify grantees of their formula allocation from
amounts allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program within 60 days of
enactment of this Act: Provided further, That up to $80,000,000 of the
funds appropriated under this heading shall be to implement projects to
demonstrate how a comprehensive approach to serving homeless youth, age
24 and under, in up to 25 communities with a priority for communities
with substantial rural populations in up to eight locations, can
dramatically reduce youth homelessness: Provided further, That of the
amount made available under the previous proviso, up to $10,000,000
shall be available to provide technical assistance on improving system
responses to youth homelessness, and collection, analysis, use, and
reporting of data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in coordination
with other technical assistance funds provided under this title:
Provided further, That the Secretary may use up to 10 percent of the
amount made available under the previous proviso to build the capacity
of current technical assistance providers or to train new technical
assistance providers with verifiable prior experience with systems and
programs for youth experiencing homelessness: Provided further, That
amounts made available for the Continuum of Care program under this
heading in this and prior Acts may be used to competitively or non-
competitively renew or replace grants for youth homeless demonstration
projects under the Continuum of Care program, notwithstanding any
conflict with the requirements of the Continuum of Care program:
Provided further, That youth aged 24 and under seeking assistance under
this heading shall not be required to provide third party documentation
to establish their eligibility under 42 U.S.C. 11302(a) or (b) to
receive services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who are living
in unsafe situations may be served by youth-serving providers funded
under this heading: Provided further, That persons eligible under
section 103(a)(5) of the McKinney-Vento Homeless Assistance Act may be
served by any project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further, That when
awarding funds under the Continuum of Care program, the Secretary shall
not deviate from the FY 2018 Notice of Funding Availability with
respect to the tier 2 funding process, the Continuum of Care
application scoring, and for new projects, the project quality
threshold requirements, except as otherwise provided under this Act or
as necessary to award all available funds or consider the most recent
data from each Continuum of Care.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$12,170,000,000, to remain available until expended, shall be available
on October 1, 2019 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2019),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $345,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance Agency to
require that surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments
to contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$793,000,000, to remain available until September 30, 2023: Provided,
That of the amount provided under this heading, up to $100,000,000
shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be available
for Real Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided further,
That the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the Secretary,
project funds that are held in residual receipts accounts for any
project subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of an amount
to be determined by the Secretary, shall be remitted to the Department
and deposited in this account, to remain available until September 30,
2023: Provided further, That amounts deposited in this account
pursuant to the previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for the purposes authorized
under this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds transferred to
or appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount provided under this heading, $10,000,000 shall be
for a program to be established by the Secretary to make grants to
experienced non-profit organizations, States, local governments, or
public housing agencies for safety and functional home modification
repairs to meet the needs of low-income elderly homeowners to enable
them to remain in their primary residence: Provided further, That of
the total amount made available under the previous proviso, no less
than $5,000,000 shall be available to meet such needs in communities
with substantial rural populations: Provided further, That
beneficiaries of the grant assistance provided in the previous two
provisos under this heading in the Department of Housing and Urban
Development Appropriations Act, 2019 (Public Law 116-6) shall be
homeowners.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $202,000,000, to remain available
until September 30, 2023: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2023: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for the purposes
authorized under this heading: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for the
current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $53,000,000, to remain available until September
30, 2021, including up to $4,500,000 for administrative contract
services and up to $3,000,000 for the certification of housing
counselors as required under 12 U.S.C. 1701x: Provided, That grants
made available from amounts provided under this heading shall be
awarded within 180 days of enactment of this Act: Provided further,
That funds shall be used for providing counseling and advice to tenants
and homeowners, both current and prospective, with respect to property
maintenance, financial management or literacy, and such other matters
as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That for purposes of providing such grants from amounts provided under
this heading, the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured rental
housing projects, $3,000,000, to remain available until expended:
Provided, That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006 from
terminated contracts under such section of law, and any unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under this heading after fiscal year 2005, shall also be
available for extensions of up to one year for expiring contracts under
such section of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $13,000,000, to remain available until expended, of
which $13,000,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2020 so as to result
in a final fiscal year 2020 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2020
appropriation: Provided further, That the Secretary of Housing and
Urban Development shall issue a final rule to complete rulemaking
initiated by the proposed rule entitled ``Manufactured Housing Program:
Minimum Payments to the States'' published in the Federal Register on
December 16, 2016 (81 Fed. Reg. 91083): Provided further, That for the
dispute resolution and installation programs, the Secretary may assess
and collect fees from any program participant: Provided further, That
such collections shall be deposited into the Fund, and the Secretary,
as provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2021: Provided, That during
fiscal year 2020, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2021: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2020, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero:
Provided further, That for fiscal year 2020, the Secretary shall not
take any action against a lender solely on the basis of compare ratios
that have been adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2021: Provided,
That during fiscal year 2020, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2021: Provided, That $30,500,000, to remain available
until September 30, 2021, shall be for necessary salaries and expenses
of the Office of Government National Mortgage Association: Provided
further, That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2020, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $98,000,000, to remain available
until September 30, 2021: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in
lieu of compliance with section 102(a)(4)(C) with respect to
documentation of award decisions: Provided further, That prior to
obligation of technical assistance funding, the Secretary shall submit
a plan to the House and Senate Committees on Appropriations on how it
will allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$70,300,000, to remain available until September 30, 2021: Provided,
That grants made available from amounts provided under this heading
shall be awarded within 180 days of enactment of this Act: Provided
further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That no funds made available under
this heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $350,000 shall be available to the
Secretary of Housing and Urban Development for the creation and
promotion of translated materials and other programs that support the
assistance of persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$290,000,000, to remain available until September 30, 2022, of which
$50,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs: Provided
further, That $64,000,000 of the funds appropriated under this heading
shall be for the implementation of projects in not more than ten
communities to demonstrate how intensive, extended, multi-year
interventions can dramatically reduce the presence of lead-based paint
hazards in those communities: Provided further, That each project
shall serve no more than four contiguous census tracts in which there
are high concentrations of housing stock built before 1940, in which
low-income families with children make up a significantly higher
proportion of the population as compared to the State average, and that
are located in jurisdictions in which instances of elevated blood lead
levels reported to the State are significantly higher than the State
average: Provided further, That such projects shall be awarded not
less than $6,000,000 and not more than $9,000,000: Provided further,
That funding awarded for such projects shall be made available for draw
down contingent upon the grantee meeting cost-savings, productivity,
and grant compliance benchmarks established by the Secretary: Provided
further, That each recipient of funds for such projects shall
contribute an amount not less than 10 percent of the total award, and
that the Secretary shall give priority to applicants that secure
commitments for additional contributions from public and private
sources: Provided further, That grantees currently receiving grants
made under this heading shall be eligible to apply for such projects,
provided that they are deemed to be in compliance with program
requirements established by the Secretary: Provided further, That of
the amount made available for the Healthy Homes Initiative, $5,000,000
shall be for the implementation of projects in up to 5 communities that
are served by both the Healthy Homes Initiative and the Department of
Energy weatherization programs to demonstrate whether the coordination
of Healthy Homes remediation activities with weatherization activities
achieves cost savings and better outcomes in improving the safety and
quality of homes: Provided further, That each applicant shall certify
adequate capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding availability:
Provided further, That amounts made available under this heading in
this or prior appropriations Acts, still remaining available, may be
used for any purpose under this heading notwithstanding the purpose for
which such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance activities,
$280,000,000, of which $260,000,000 shall remain available until
September 30, 2021, and of which $20,000,000 shall remain available
until September 30, 2022: Provided, That any amounts transferred to
this Fund under this Act shall remain available until expended:
Provided further, That any amounts transferred to this Fund from
amounts appropriated by previously enacted appropriations Acts may be
used for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent of the
funds made available under this heading for development, modernization
and enhancement may be obligated until the Secretary submits to the
House and Senate Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization project: (i)
the functional and performance capabilities to be delivered and the
mission benefits to be realized, (ii) the estimated life-cycle cost,
and (iii) key milestones to be met; and (B) demonstrates that each
modernization project is: (i) compliant with the Department's
enterprise architecture, (ii) being managed in accordance with
applicable life-cycle management policies and guidance, (iii) subject
to the Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,200,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office:
Provided further, That the Office of Inspector General shall procure
and rely upon the services of an independent external auditor(s) to
audit the fiscal year 2020 and subsequent financial statements of the
Department of Housing and Urban Development including the financial
statements of the Federal Housing Administration and the Government
National Mortgage Association: Provided further, That in addition to
amounts under this heading otherwise available for the purposes
specified in the previous proviso, $10,000,000 to remain available
until September 30, 2021, shall be available only for such specified
purposes.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2020 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2020 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 208. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2020 and
2021, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974(2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (3) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2020, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or other Federal programs,
the Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other programs
that are attached to any dwelling units in the property. To the extent
the Secretary determines, in consultation with the tenants and the
local government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration of (1)
the costs of rehabilitating and operating the property and all
available Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (``MAHRAA'') (42 U.S.C. 1437f
note) and (2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and informed
consent of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition of any
multifamily property described under this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2020, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2020, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office or account: Provided, That no
appropriation for any such office or account shall be increased or
decreased by more than 10 percent or $5,000,000, whichever is less,
without prior written approval of the House and Senate Committees on
Appropriations: Provided further, That the Secretary shall provide
notification to such Committees 3 business days in advance of any such
transfers under this section up to 10 percent or $5,000,000, whichever
is less.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project
management with a management agent approved by the
Secretary;
(B) impose civil money penalties, which shall be
used solely for the purpose of supporting safe and
sanitary conditions at applicable properties, as
designated by the Secretary, with priority given to the
tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner,
approved by the Secretary under established procedures,
which will be obligated to promptly make all required
repairs and to accept renewal of the assistance
contract as long as such renewal is offered;
(E) transfer the existing section 8 contract to
another project or projects and owner or owners;
(F) pursue exclusionary sanctions, including
suspensions or debarments from Federal programs;
(G) seek judicial appointment of a receiver to
manage the property and cure all project deficiencies
or seek a judicial order of specific performance
requiring the owner to cure all project deficiencies;
(H) work with the owner, lender, or other related
party to stabilize the property in an attempt to
preserve the property through compliance, transfer of
ownership, or an infusion of capital provided by a
third-party that requires time to effectuate; or
(I) take any other regulatory or contractual
remedies available as deemed necessary and appropriate
by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2020.
Sec. 221. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 222. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 223. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 224. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 225. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 226. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 227. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
section 525 of division H of Public Law 115-31, section 525 of division
H of Public Law 115-141, section 524 of division B of Public Law 115-
245 and such authorities as are enacted for Performance Partnership
Pilots in an appropriations Act for fiscal year 2020: Provided, That
such participation shall be limited to no more than 10 continuums of
care and housing activities to improve outcomes for disconnected youth.
Sec. 228. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2020 for
the continuum of care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 229. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 231. (a) Amounts recaptured from funds appropriated for this
or any succeeding fiscal year under the heading ``Department of Housing
and Urban Development--Community Planning and Development--Homeless
Assistance Grants'' shall become available until expended not later
than the end of the fifth fiscal year after the last fiscal year for
which such funds are available and shall be available, in addition to
rental assistance amounts that were recaptured and made available until
expended under such heading by any prior Act, and in addition to such
other funds as may be available for such purposes, for the following
purposes:
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.);
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.);
(3) Not less than 10 percent of the amounts shall be used
only for grants in rural areas under the Continuum of Care
program, to include activities eligible under the Rural Housing
Stability Assistance program under section 491 of such Act (42
U.S.C. 11408) that are not otherwise eligible under the
Continuum of Care program; and
(4) Not less than 10 percent of the amounts shall be for
emergency solutions grants for disaster areas as authorized by
subsection (c).
(b) Prior to the use of any recaptured amounts referred to in
subsection (a), including competing, awarding, or obligating such
amounts, the Secretary shall submit a plan in accordance with
subsection (a) that specifies the planned use of any such amounts to
the Committees on Appropriations of the House of Representatives and
the Senate, and receive prior written approval of such plan, except
that use of amounts in the plan for the purposes specified in
subsection (a)(4) may begin once such plan is submitted to such
Committees.
(c)(1) The Secretary may make grants under the Emergency Solutions
Grants program under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371 et seq.) to States or local
governments to address the needs of homeless individuals or families or
individuals or families at risk of homelessness in areas affected by a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or
after the date of enactment of this Act, whose needs are not otherwise
served or fully met by existing Federal disaster relief programs,
including the Transitional Sheltering Assistance program under such Act
(42 U.S.C. 5170b).
(2) For purposes of grants under paragraph (1), the Secretary may
suspend all consultation, citizen participation, and matching
requirements.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal
years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 233. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 234. (a) The Secretary of Housing and Urban Development shall
make available to grantees under programs included under the
Department's Consolidated Planning Process, not later than the
expiration of the 90-day period beginning on the date of the enactment
of this Act, the prepopulated up-to-date housing and economic data and
data for both broadband and resilience assessment requirements, as
referred to in the HUD Response to the third comment under section
III.A. of the Supplementary Information included with the final rule
entitled ``Modernizing HUD's Consolidated Planning Process To Narrow
the Digital Divide and Increase Resilience to Natural Hazards'',
published by the Department of Housing and Urban Development in the
Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall require
such grantees to incorporate the broadband and resilience components
into the Consolidated Plan process not later than the expiration of the
270-day period beginning on the date of the enactment of this Act.
Sec. 235. None of the funds made available by this or any prior
Act may be used to require or enforce any changes to the terms and
conditions of the public housing annual contributions contract between
the Secretary and any public housing agency, as such contract was in
effect as of December 31, 2017, unless such changes are mutually agreed
upon by the Secretary and such agency: Provided, That such agreement
by an agency may be indicated only by a written amendment to the terms
and conditions containing the duly authorized signature of its chief
executive: Provided further, That the Secretary may not withhold funds
to compel such agreement by an agency which certifies to its compliance
with its contract.
Sec. 236. None of the amounts made available in this Act or in the
Department of Housing and Urban Development Appropriations Act, 2019
(Public Law 116-6) may be used to consider Family Self-Sufficiency
performance measures or performance scores in determining funding
awards for programs receiving Family Self-Sufficiency program
coordinator funding provided in this Act or in the Department of
Housing and Urban Development Appropriations Act, 2019 (Public Law 116-
6).
Sec. 237. (a) All unobligated balances from funds appropriated
under the heading ``Department of Housing and Urban Development Public
and Indian Housing--Tenant Based Rental Assistance'' in chapter 10 of
title I of division B of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329) are hereby rescinded.
(b) All unobligated balances from funds appropriated under the
heading ``Department of Housing and Urban Development Public and Indian
Housing--Project-Based Rental Assistance'' in chapter 10 of title I of
division B of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 324)
(as amended by section 1203 of Public Law 111-32; 123 Stat. 1859) are
hereby rescinded.
Sec. 238. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of (Public Law 114-113) may, upon such
designation, use funds (except for special purpose funding, including
special purpose vouchers) previously allocated to any such public
housing agency under section 8 or 9 of the United States Housing Act of
1937, including any reserve funds held by the public housing agency or
funds held by the Department of Housing and Urban Development, pursuant
to the authority for use of section 8 or 9 funding provided under such
section and section 204 of title II of the Departments of Veterans
Affairs and Housing and Urban Development and Independent Agencies
Appropriations Act, 1996 (Public Law 104-134), notwithstanding the
purposes for which such funds were appropriated.
Sec. 239. None of the amounts made available by this Act or by
Public Law 116-6 may be used to prohibit any public housing agency
under receivership or the direction of a Federal monitor from applying
for, receiving, or using funds made available under the heading
``Public Housing Capital Fund'' for competitive grants to evaluate and
reduce lead-based paint hazards in this Act or that remain available
and not awarded from prior Acts, or be used to prohibit a public
housing agency from using such funds to carry out any required work
pursuant to a settlement agreement, consent decree, voluntary
agreement, or similar document for a violation of the Lead Safe Housing
or Lead Disclosure Rules.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $9,200,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses: Provided further, That of this amount, $800,000
shall be for activities authorized under section 432 of Public Law 115-
254.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $24,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2021, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2021 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $157,500,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That an additional $1,000,000, to remain available until
September 30, 2023, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2020, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,800,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2020, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the Senate and of the House of Representatives to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix
for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for
which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary
grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2020 from appropriations made available for salaries
and expenses for fiscal year 2020 in this Act, shall remain available
through September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 420. Except as expressly provided otherwise, any reference to
``this Act'' contained in this division shall be treated as referring
only to the provisions of this division.
Sec. 421. None of the funds made available by this Act may be used
in contravention of section 5309(d)(2) of title 49, United States Code.
Sec. 422. None of the funds made available by this division may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 423. None of the funds made available by this division may be
used in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 424. Of the unobligated balances of funds remaining from--
(1) Public Law 91-605, and any other Act, appropriated to
the ``Rail Crossings Demonstration Projects'' account under
Treasury Account Fund Symbol 69X0555, a total of $517,220.20 is
hereby permanently rescinded;
(2) Public Law 92-18, and any other Act, appropriated to
the ``Darien Gap Highway'' account under Treasury Account Fund
Symbol 69X0553, a total of $2,037,034.50 is hereby permanently
rescinded;
(3) Public Law 93-87, and any other Act, appropriated to
the ``Alaska Highway'' account under Treasury Account Fund
Symbol 69X0537, a total of $62,861.61 is hereby permanently
rescinded;
(4) Public Law 94-387, and any other Act, appropriated to
the ``Railroad-Highway Crossings Demonstration Projects''
account under Treasury Account Fund Symbol 69X0557, a total of
$2,035,137.12 is hereby permanently rescinded;
(5) Public Law 97-257, and any other Act, appropriated to
the ``Access Highways to Public Recreation Areas on Certain
Lakes'' account under Treasury Account Fund Symbol 69X0503, a
total of $352,333.19 is hereby permanently rescinded;
(6) Public Law 99-190, and any other Act, appropriated to
the ``Highway Beautification'' account under Treasury Account
Fund Symbol 69X0540, a total of $488,909.57 is hereby
permanently rescinded;
(7) Public Law 101-164, and any other Act, appropriated to
the ``Highway Demonstration Projects-Preliminary Engineering''
account under Treasury Account Fund Symbol 69X0583, a total of
$2,601,431.71 is hereby permanently rescinded;
(8) Public Law 101-516, and any other Act, appropriated to
the ``Highway Demonstration Projects'' account under Treasury
Account Fund Symbol 69X0598, a total of $1,341 is hereby
permanently rescinded;
(9) Public Law 102-143, and any other Act, appropriated to
the ``Highway Studies Feasibility, Design, Environmental,
Engineering'' account under Treasury Account Fund Symbol
69X0533, a total of $262,204.01 is hereby permanently
rescinded;
(10) Public Law 103-331, and any other Act, appropriated to
the ``Surface Transportation Projects'' account under Treasury
Account Fund Symbol 69X0505, a total of $573,097.13 is hereby
permanently rescinded; and
(11) Public Law 107-87, and any other Act, appropriated to
the ``Miscellaneous Highway Project'' account under Treasury
Account Fund Symbol 69X0641, a total of $11,003,637 is hereby
permanently rescinded.
Sec. 425. (a) Section 127(l)(3)(A) of title 23, United States Code,
is amended--
(1) in the matter preceding clause (i), in the first
sentence, by striking ``clause (i) or (ii)'' and inserting
``clauses (i) through (iv)''; and
(2) by adding at the end the following:
``(iii) The Wendell H. Ford (Western
Kentucky) Parkway (to be designated as a spur
of Interstate Route 69) from the interchange
with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of
the Western Kentucky Parkway with the Edward T.
Breathitt (Pennyrile) Parkway.
``(iv) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as a spur of
Interstate Route 69) from Interstate 24, north
to Interstate 69.''.
(b) Designation as High Priority Corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2032; 131 Stat. 797) is amended by adding at the end
the following:
``(91) The Wendell H. Ford (Western Kentucky) Parkway from
the interchange with the William H. Natcher Parkway in Ohio
County, Kentucky, west to the interchange of the Western
Kentucky Parkway with the Edward T. Breathitt (Pennyrile)
Parkway.''.
(c) Designation as Future Interstate.--Section 1105(e)(5)(A) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 597; 131 Stat. 797) is amended in the first sentence
by striking ``and subsection (c)(90)'' and inserting ``subsection
(c)(90), and subsection (c)(91)''.
(d) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 126 Stat. 426; 131 Stat. 797) is amended by
adding at the end the following: ``The route referred to in subsection
(c)(91) is designated as Interstate Route I-569.''.
(e) Exemption.--Notwithstanding section 111 of title 23, United
States Code, if the segment of highway described in paragraph (91) of
section 1105(c) of the Intermodal Surface Transportation Efficiency Act
of 1991 (Public Law 102-240; 105 Stat. 2032; 131 Stat. 797) is
designated as a route on the Interstate System, any commercial
establishment operating legally in a rest area on that segment before
the date of that designation may continue to operate in the Interstate
right-of-way, subject to the Interstate access standards established
under section 111 of that title.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2020''.
DIVISION I--EXTENSIONS
TITLE I
IMMIGRATION EXTENSIONS
Sec. 101. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2020'' for ``September 30,
2015''.
Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2020'' for
``September 30, 2015''.
Sec. 103. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2020'' for ``September 30, 2015''.
Sec. 104. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2020'' for ``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2020 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of
aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above
such limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker program in
any fiscal year in which returning workers were exempt from such
numerical limitation.
TITLE II
NATIONAL FLOOD INSURANCE PROGRAM EXTENSION
Sec. 201. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION
EXTENSION
SEC. 301. EXTENSION OF THE SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing Federal
Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111) is amended, in subsections (a) and (b), by striking ``and
2018'' each place it appears and inserting ``2018, 2019, and
2020''.
(2) Payments to states and counties.--
(A) Election to receive payment amount.--Section
102(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(b)) is
amended--
(i) in paragraph (1)(D)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 or 2018'' and inserting ``for each
of fiscal years 2017 through 2020'';
and
(ii) in paragraph (2), in subparagraphs (A)
and (B), by striking ``for fiscal years 2017
and 2018'' each place it appears and inserting
``for each of fiscal years 2017 through 2020''.
(B) Expenditure rules for eligible counties.--
Section 102(d) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7112(d)) is amended--
(i) in paragraph (1)(F)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 and 2018'' and inserting ``for
each of fiscal years 2017 through
2020''; and
(ii) in paragraph (3)(D)--
(I) in the subparagraph heading, by
striking ``for fiscal years 2017 and
2018'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(II) by striking ``for fiscal years
2017 and 2018'' and inserting ``for
each of fiscal years 2017 through
2020''.
(C) Distribution of payments to eligible
counties.--Section 103(d)(2) of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7113(d)(2)) is amended by striking ``through
and for fiscal years 2017 and 2018'' and inserting
``through 2015 and for each of fiscal years 2017
through 2020''.
(b) Extension of Authority To Conduct Special Projects on Federal
Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``September
29, 2018'' each place it appears and inserting ``December 20,
2021''.
(2) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2020'' and
inserting ``2022''; and
(B) in subsection (b), by striking ``2021'' and
inserting ``2023''.
(c) Extension of Authority To Expend County Funds.--Section 304 of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2020'' and inserting
``2022''; and
(2) in subsection (b), by striking ``2021'' and inserting
``2023''.
TITLE IV--EXPORT-IMPORT BANK EXTENSION
authorization period
Sec. 401.
(a) In General.--Section 7 of the Export-Import Bank Act of 1945
(12 U.S.C. 635f) is amended by striking ``September 30, 2019'' and
inserting ``December 31, 2026''.
(b) Exposure Limit.--Section 6(a)(2) of such Act (12 U.S.C.
635e(a)(2)) is amended by striking ``for each of fiscal years 2015
through 2019'' and inserting ``for each of fiscal years 2020 through
2027''.
program on china and transformational exports
Sec. 402.
(a) In General.--Section 2 of the Export-Import Bank Act of 1945
(12 U.S.C. 635) is amended by adding at the end the following:
``(l) Program on China and Transformational Exports.--
``(1) In general.--The Bank shall establish a Program on
China and Transformational Exports to support the extension of
loans, guarantees, and insurance, at rates and on terms and
other conditions, to the extent practicable, that are fully
competitive with rates, terms, and other conditions established
by the People's Republic of China or by a covered country, that
aim to--
``(A) directly neutralize export subsidies for
competing goods and services financed by official
export credit, tied aid, or blended financing provided
by the People's Republic of China or by a covered
country; or
``(B) advance the comparative leadership of the
United States with respect to the People's Republic of
China, or support United States innovation, employment,
and technological standards, through direct exports in
any of the following areas:
``(i) Artificial intelligence.
``(ii) Biotechnology.
``(iii) Biomedical sciences.
``(iv) Wireless communications equipment
(including 5G or subsequent wireless
technologies).
``(v) Quantum computing.
``(vi) Renewable energy, energy efficiency,
and energy storage.
``(vii) Semiconductor and semiconductor
machinery manufacturing.
``(viii) Emerging financial technologies,
including technologies that facilitate--
``(I) financial inclusion through
increased access to capital and
financial services;
``(II) data security and privacy;
``(III) payments, the transfer of
funds, and associated messaging
services; and
``(IV) efforts to combat money
laundering and the financing of
terrorism.
``(ix) Water treatment and sanitation,
including technologies and infrastructure to
reduce contaminants and improve water quality.
``(x) High performance computing.
``(xi) Associated services necessary for
use of any of the foregoing exports.
``(2) Covered countries.--In this subsection, the term
`covered country' means any country that--
``(A) the Secretary of the Treasury designates as a
covered country in a report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban
Development of the Senate;
``(B) is not a participant in the Arrangement on
Officially Supported Export Credits of the Organization
for Economic Cooperation and Development (in this
subsection referred to as the `Arrangement'); and
``(C) is not in substantial compliance with the
financial terms and conditions of the Arrangement.
``(3) Financing.--
``(A) In general.--It shall be a goal of the Bank
to reserve not less than 20 percent of the applicable
amount (as defined in section 6(a)(2)) for support made
pursuant to the Program on China and Transformational
Exports.
``(B) Exception.--The Secretary of the Treasury may
reduce or eliminate the 20 percent goal in subparagraph
(A), on reporting to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate that the People's Republic of China is in
substantial compliance with--
``(i) the financial terms and conditions of
the Arrangement; and
``(ii) the rules and principles of the
Paris Club.
``(C) Sunset and report.--The program established
under paragraph (1) shall expire on December 31, 2026.
Not later than 4 years after enactment of this
subsection, the President of the Bank shall submit a
report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate assessing the
following:
``(i) The capacity and demand of United
States entities to export goods and services in
the areas described in paragraph (1)(B), as
assessed in consultation with the Secretary of
Commerce.
``(ii) The availability of private-sector
financing for exports in the areas.
``(iii) The feasibility and advisability of
continuing the goal of subparagraph (A) of this
paragraph with respect to paragraph (1)(B)
after December 31, 2026.
``(D) National advisory council on international
monetary and financial problems.--The National Advisory
Council on International Monetary and Financial
Problems shall ensure that Bank authorizations pursuant
to the Program on China and Transformational Exports
are considered or reviewed expeditiously, consistent
with the other credit standards required by law.''.
(b) Required Reporting.--Section 8 of such Act (12 U.S.C. 635g) is
amended by adding at the end the following:
``(l) Report on Authorizations Under the Pro- Gram on China and
Transformational Exports.--The Bank shall include in its annual report
to Congress under subsection (a) a narrative and financial summary of
the authorizations made under the Program on China and Transformational
Exports.''.
(c) Rule of Construction.--Nothing in section 2(l)(1)(B) of the
Export-Import Bank Act of 1945 shall be construed to weaken any export
controls affecting critical technologies (as defined in section
721(a)(6)(A) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6)(A))).
small business policy
Sec. 403.
Section 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)) is amended by striking subparagraph (E)(i)(I) and inserting
the following:
``(E)(i)(I) It is further the policy of the United States to
encourage the participation of small business (including women-owned
businesses, minority-owned businesses, veteran-owned businesses,
businesses owned by persons with disabilities, and businesses in rural
areas) and start-up businesses in international commerce, and to
educate such businesses about how to export goods using the Bank.''.
increase in small business threshold
Sec. 404.
(a) In General.--Section 2(b)(1)(E)(v) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking ``25''
and inserting ``30''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2021.
exclusion of unutilized insurance authority in calculating small
business threshold
Sec. 405.
Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)(E)(v)) is amended by adding at the end the following:
``For the purpose of calculating the amounts of authority required
under this clause, the Bank shall, with respect to insurance, exclude
unutilized authorizations that terminated during the fiscal year.''.
anti-fraud reforms
Sec. 406.
Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is
amended--
(1) in subsection (f), by striking the period and
inserting: ``, and shall deny an application for assistance if
the end user, borrower, lender, or exporter has been convicted
of an act of fraud or corruption in connection with an
application for support from the Bank made in the preceding 5
years. The Bank may proceed with an application described in
this subsection only if an end user, borrower, lender, or
exporter can be fully excluded from the transaction.''; and
(2) in subsection (i), by striking ``should require'' and
inserting ``shall require''.
financing for renewable energy, energy efficiency, and energy storage
technologies
Sec. 407.
Section 2(b)(1)(K) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(K)) is amended by inserting ``, energy efficiency (including
battery electric vehicles, batteries for electric vehicles, and
electric vehicle charging infrastructure), and energy storage. It shall
be a goal of the Bank to ensure that not less than 5 percent of the
applicable amount (as defined in section 6(a)(2)) is made available
each fiscal year for the financing of renewable energy, energy
efficiency (including battery electric vehicles, batteries for electric
vehicles, and electric vehicle charging infrastructure), and energy
storage technology exports'' before the period.
reporting on financing related to china
Sec. 408.
(a) National Interest Report.--Before authorizing a loan or
guarantee for a transaction in an amount greater than $25,000,000 for
which the end user, lender, or obligor is the government of China, the
President of the Export-Import Bank of the United States (in this
section referred to as the ``Bank'') shall--
(1) report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate that the Bank has consulted
with the Secretary of State and any other relevant department
or agency, as deemed appropriate by the President of the United
States, to assess any risks posed by the entity or the
transaction to the national interest of the United States; and
(2) include a summary of the transaction and the
consultation.
(b) Form of Report.--The report described in subsection (a) shall
be submitted in unclassified form but may include a classified annex.
(c) Related Policies.--
(1) The Board of Directors of the Bank shall prescribe
policies for the Bank with respect to--
(A) procedures required by the consultation
described in subsection (a)(1);
(B) establishment of a period of not less than 25
days to complete the consultations described in
subsection (a) during which time consulted parties may
submit any appropriate information to the Bank; and
(C) efforts by the Bank to assess and determine
ownership or control by the government of China
pursuant to the requirements of subsection (a).
(2) In prescribing the policies described under paragraph
(1) of this subsection, the Board of Directors of the Bank
shall--
(A) consult with the Secretary of State with
respect to the procedures referred to in subparagraphs
(A) and (B) of paragraph (1) of this subsection, and
seek to ensure that the procedures--
(i) are consistent, wherever appropriate,
with national interest determinations made
under section 2(b)(1)(B) of the Export-Import
Bank Act of 1945; and
(ii) include coordination between the
Secretary of State and the Director of National
Intelligence, wherever appropriate; and
(B) consult with the Secretary of the Treasury with
respect to the efforts described in paragraph (1)(C) of
this subsection.
(d) Definition.--For the purposes of this section, the term
``government of China'' means any person that the Bank has reason to
believe is--
(1) the state and the government of China, as well as any
political subdivision, agency, or instrumentality thereof;
(2) any entity controlled, directly or indirectly, by any
of the foregoing, including any partnership, association, or
other entity in which any of the foregoing owns a 50 percent or
greater interest or a controlling interest, and any entity
which is otherwise controlled by any of the foregoing;
(3) any person that is or has been acting or purporting to
act, directly or indirectly, for or on behalf of any of the
foregoing; and
(4) any other person which the Secretary of the Treasury
has notified the Bank is included in any of the foregoing.
(e) Sunset.--This section shall have no force or effect on the
earlier of---
(1) December 31, 2026; or
(2) the date that is 30 days after the date that the
President of the United States reports to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
that China is in substantial compliance with--
(A) the financial terms and conditions of the
Arrangement on Officially Supported Export Credits of
the Organization for Economic Cooperation and
Development; and
(B) the rules and principles of the Paris Club.
alternative procedures during quorum lapse
Sec. 409.
(a) In General.--Section 3(c)(6) of the Export-Import Bank Act of
1945 (12 U.S.C. 635a(c)(6)) is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following:
``(B)(i) If there is an insufficient number of directors to
constitute a quorum under subparagraph (A) for 120 consecutive days
during the term of a President of the United States, a temporary Board,
consisting of the following members, shall act in the stead of the
Board of Directors:
``(I) The United States Trade Representative.
``(II) The Secretary of the Treasury.
``(III) The Secretary of Commerce.
``(IV) The members of the Board of Directors.
``(ii) If, at a meeting of the temporary Board--
``(I) a member referred to in clause (i)(IV) is present,
the meeting shall be chaired by such a member, consistent with
Bank bylaws; or
``(II) no such member is present, the meeting shall be
chaired by the United States Trade Representative.
``(iii) A member described in subclause (I), (II), or (III) of
clause (i) may delegate the authority of the member to vote on whether
to authorize a transaction, whose value does not exceed $100,000,000,
to--
``(I) if the member is the United States Trade
Representative, the Deputy United States Trade Representative;
or
``(II) if the member is referred to in such subclause (II)
or (III), the Deputy Secretary of the department referred to in
the subclause.
``(iv) If the temporary Board consists of members of only one
political party, the President of the United States shall, to the
extent practicable, appoint to the temporary Board a qualified member
of a different political party who occupies a position requiring
nomination by the President, by and with the consent of the Senate.
``(v) The temporary board may not change or amend Bank policies,
procedures, bylaws, or guidelines.
``(vi) The temporary Board shall expire at the end of the term of
the President of the United States in office at the time the temporary
Board was constituted or upon restoration of a quorum of the Board of
Directors as defined in subparagraph (A).
``(vii) With respect to a transaction that equals or exceeds
$100,000,000, the Chairperson of the temporary Board shall ensure that
the Bank complies with section 2(b)(3).''.
(b) Termination.--The amendments made by subsection (a) shall have
no force or effect after December 31, 2026.
TITLE V--TERRORISM RISK INSURANCE PROGRAM EXTENSION
short title
Sec. 501.
This title may be cited as the ``Terrorism Risk Insurance Program
Reauthorization Act of 2019''.
7-year extension of terrorism risk insurance program
Sec. 502.
(a) Termination Date.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
``2020'' and inserting ``2027''.
(b) Timing of Mandatory Recoupment.--Section 103(e)(7)(E)(i) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in subclause (I)--
(A) by striking ``2017'' and inserting ``2022'';
and
(B) by striking ``2019'' and inserting ``2024'';
(2) in subclause (II)--
(A) by striking ``2018'' and inserting ``2023'';
(B) by striking ``2024'' and inserting ``2029'';
and
(C) by striking ``2019'' and inserting ``2024'';
and
(3) in subclause (III)--
(A) by striking ``2024'' and inserting ``2029'';
and
(B) by striking ``2019'' and inserting ``2024''.
(c) Ongoing Reports Regarding Market Conditions for Terrorism Risk
Insurance.--Paragraph (2) of section 104(h) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) an evaluation of the availability and
affordability of terrorism risk insurance, which shall
include an analysis of such availability and
affordability specifically for places of worship;''.
(d) Study and Report on Cyber Terrorism.--Not later than the
expiration of the 180-day period beginning on the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study and report to the Committee on Financial Services of the House
of Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate, which shall--
(1) analyze and address--
(A) overall vulnerabilities and potential costs of
cyber attacks to the United States public and private
infrastructure that could result in physical or digital
damage;
(B) whether State-defined cyber liability under a
property and casualty line of insurance is adequate
coverage for an act of cyber terrorism;
(C) whether such risks can be adequately priced by
the private market; and
(D) whether the current risk-share system under the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is appropriate for a cyber terrorism event; and
(2) set forth recommendations on how Congress could amend
the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note)
to meet the next generation of cyber threats.
TITLE VI--NASA ENHANCED USE LEASING EXTENSION
short title
Sec. 601.
This title may be cited as the ``NASA Enhanced Use Leasing
Extension Act of 2019''.
extension of authority to enter into leases of non-excess property of
the national aeronautics and space administration
Sec. 602.
Section 20145(g) of title 51, United States Code, is amended, in
the first sentence, by striking ``December 31, 2019'' and inserting
``December 31, 2021''.
TITLE VII--INKSNA EXTENSION
exemption from the iran, north korea, and syria nonproliferation act
Sec. 701.
Section 7(1) of the Iran, North Korea, and Syria Nonproliferation
Act (Public Law 106-178; 50 U.S.C. 1701 note) is amended, in the
undesignated matter following subparagraph (B), by striking ``December
31, 2020'' and inserting ``December 31, 2025''.
TITLE VIII--BRAND USA EXTENSION
short title
Sec. 801.
This title may be cited as the ``Brand USA Extension Act''.
the corporation for travel promotion
Sec. 802.
Subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (ii), by inserting ``or foodservice''
after ``restaurant'';
(B) in clause (v), by inserting ``, such as outdoor
recreation'' before the semicolon at the end; and
(C) in clause (viii), by inserting ``commercial or
private'' before ``passenger air sector'';
(2) in paragraph (5)(A)--
(A) in clause (iii), by inserting ``speaking
conventions, sales missions,'' after ``trade shows,'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(vi) to promote tourism to the United
States through digital media, online platforms,
and other appropriate medium.''; and
(3) in paragraph (7)(C), by striking ``3 days'' and
inserting ``5 days''.
accountability measures
Sec. 803.
Subsection (c) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(c)) is amended--
(1) in paragraph (2), by striking ``$500,000'' and
inserting ``$450,000''; and
(2) in paragraph (3)--
(A) by redesignating subparagraph (I) as
subparagraph (K);
(B) in subparagraph (H)(iii), by striking ``and''
at the end; and
(C) by inserting after subparagraph (H)(iii) the
following:
``(I) a list of countries the Corporation
identifies as emerging markets for tourism to the
United States;
``(J) a description of the efforts the Corporation
has made to promote tourism to rural areas of the
United States; and''.
extension of funding for brand usa
Sec. 804.
Subsection (d) of the Travel Promotion Act of 2009 (22 U.S.C.
2131(d)) is amended--
(1) in paragraph (2)(B), by striking ``2020'' and inserting
``2027'';
(2) in paragraph (3)(B)(ii), by striking ``70 percent'' and
inserting ``50 percent''; and
(3) in paragraph (4)(B), by striking ``2020'' and inserting
``2027''.
performance plan
Sec. 805.
Not later than 90 days after the date of the enactment of this Act,
the Corporation for Travel Promotion shall make the performance metrics
established pursuant to subsection (f)(1)(A) of the Travel Promotion
Act of 2009 (22 U.S.C. 2131(f)(1)(A)) publicly available on the website
of the Corporation.
electronic system for travel authorization fee increase
Sec. 806.
Section 217(h)(3)(B)(i)(I) of the Immigration and Nationality Act
(8 U.S.C. 1187(h)(3)(B)(i)(I)) is amended by striking ``$10'' and
inserting ``$17''.
TITLE IX--DC OPPORTUNITY SCHOLARSHIP EXTENSIONS
scholarships for opportunity and results
Sec. 901.
(a) Section 3014(a) of the Scholarships for Opportunity and Results
Act (sec. 38-1853.14, D.C. Official Code) is amended by striking
``through fiscal year 2019'' and inserting ``through fiscal year
2023''.
(b) The amendment made by subsection (a) shall take effect on
September 30, 2019.
TITLE X--BUDGETARY EFFECTS
budgetary effects
Sec. 1001.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION J--FOREIGN POLICY
TITLE I--VENEZUELA ASSISTANCE
SEC. 101. SHORT TITLES.
This title may be cited as the ``Venezuela Emergency Relief,
Democracy Assistance, and Development Act of 2019'' or the ``VERDAD Act
of 2019''.
Subtitle A--Support for the Interim President of Venezuela and
Recognition of the Venezuelan National Assembly
SEC. 111. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE INTERIM
PRESIDENT OF VENEZUELA.
(a) Findings.--Congress makes the following findings:
(1) Venezuela's electoral event on May 20, 2018 was
characterized by widespread fraud and did not comply with
international standards for a free, fair, and transparent
electoral process.
(2) Given the fraudulent nature of Venezuela's May 20, 2018
electoral event, Nicolas Maduro's tenure as President of
Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a
resolution on January 15, 2019 that terminated Nicolas Maduro's
authority as the President of Venezuela.
(4) On January 23, 2019, the President of the National
Assembly of Venezuela was sworn in as the Interim President of
Venezuela.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support the decisions by the United States
Government, more than 50 governments around the world, the
Organization of American States, the Inter-American Development
Bank, and the European Parliament to recognize National
Assembly President Juan Guaido as the Interim President of
Venezuela;
(2) to encourage the Interim President of Venezuela to
advance efforts to hold democratic presidential elections in
the shortest possible period; and
(3) that the Organization of American States, with support
from the United States Government and partner governments,
should provide diplomatic, technical, and financial support for
a new presidential election in Venezuela that complies with
international standards for a free, fair, and transparent
electoral process.
SEC. 112. RECOGNITION OF VENEZUELA'S DEMOCRATICALLY ELECTED NATIONAL
ASSEMBLY.
(a) Findings.--Congress finds that Venezuela's unicameral National
Assembly convened on January 6, 2016, following democratic elections
that were held on December 6, 2015.
(b) Sense of Congress.--It is the sense of Congress that
Venezuela's democratically elected National Assembly is the only
national level democratic institution remaining in the country.
(c) Policy.--It is the policy of the United States to recognize the
democratically elected National Assembly of Venezuela as the only
legitimate national legislative body in Venezuela.
(d) Assistance to Venezuela's National Assembly.--The Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development, shall prioritize efforts to
provide technical assistance to support the democratically elected
National Assembly of Venezuela in accordance with section 143.
SEC. 113. ADVANCING A NEGOTIATED SOLUTION TO VENEZUELA'S CRISIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) direct, credible negotiations led by the Interim
President of Venezuela and members of Venezuela's
democratically elected National Assembly--
(A) are supported by stakeholders in the
international community that have recognized the
Interim President of Venezuela;
(B) include the input and interests of Venezuelan
civil society; and
(C) represent the best opportunity to reach a
solution to the Venezuelan crisis that includes--
(i) holding a new presidential election
that complies with international standards for
a free, fair, and transparent electoral
process;
(ii) ending Nicolas Maduro's usurpation of
presidential authorities;
(iii) restoring democracy and the rule of
law;
(iv) freeing political prisoners; and
(v) facilitating the delivery of
humanitarian aid;
(2) dialogue between the Maduro regime and representatives
of the political opposition that commenced in October 2017, and
were supported by the Governments of Mexico, of Chile, of
Bolivia, and of Nicaragua, did not result in an agreement
because the Maduro regime failed to credibly participate in the
process; and
(3) negotiations between the Maduro regime and
representatives of the political opposition that commenced in
October 2016, and were supported by the Vatican, did not result
in an agreement because the Maduro regime failed to credibly
participate in the process.
(b) Policy.--It is the policy of the United States to support
diplomatic engagement in order to advance a negotiated and peaceful
solution to Venezuela's political, economic, and humanitarian crisis
that is described in subsection (a)(1).
Subtitle B--Humanitarian Relief for Venezuela
SEC. 121. HUMANITARIAN RELIEF FOR THE VENEZUELAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should expand efforts to
peacefully address Venezuela's humanitarian crisis; and
(2) humanitarian assistance--
(A) should be targeted toward those most in need
and delivered through partners that uphold
internationally recognized humanitarian principles; and
(B) should not be passed through the control or
distribution mechanisms of the Maduro regime.
(b) Humanitarian Relief.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, shall provide--
(A) humanitarian assistance to individuals and
communities in Venezuela, including--
(i) public health commodities and services,
including medicines and basic medical supplies
and equipment;
(ii) basic food commodities and nutritional
supplements needed to address growing
malnutrition and improve food security for the
people of Venezuela, with a specific emphasis
on the most vulnerable populations; and
(iii) technical assistance to ensure that
health and food commodities are appropriately
selected, procured, targeted, and distributed;
and
(B) Venezuelans and hosting communities, as
appropriate, in neighboring countries with humanitarian
aid, such as--
(i) urgently needed health and nutritional
assistance, including logistical and technical
assistance to hospitals and health centers in
affected communities;
(ii) food assistance for vulnerable
individuals, including assistance to improve
food security for affected communities; and
(iii) hygiene supplies and sanitation
services.
(2) Aid to venezuelans in neighboring countries.--The aid
described in paragraph (1)(B)--
(A) may be provided--
(i) directly to Venezuelans in neighboring
countries, including countries of the
Caribbean; or
(ii) indirectly through the communities in
which the Venezuelans reside; and
(B) should focus on the most vulnerable Venezuelans
in neighboring countries.
(c) Humanitarian Assistance Strategy Update.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development, shall submit, to the appropriate
congressional committees, an update to the Venezuela humanitarian
assistance strategy described in the conference report accompanying the
Consolidated Appropriations Act (Public Law 116-6), to cover a 2-year
period and include--
(1) a description of the United States humanitarian
assistance provided under this section;
(2) a description of United States diplomatic efforts to
ensure support from international donors, including regional
partners in Latin America and the Caribbean, for the provision
of humanitarian assistance to the people of Venezuela;
(3) the identification of governments that are willing to
provide financial and technical assistance for the provision of
such humanitarian assistance to the people of Venezuela and a
description of such assistance; and
(4) the identification of the financial and technical
assistance to be provided by multilateral institutions,
including the United Nations humanitarian agencies, the Pan
American Health Organization, the Inter-American Development
Bank, and the World Bank, and a description of such assistance.
(d) Diplomatic Engagement.--The Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, shall work with relevant foreign governments and
multilateral organizations to coordinate a donors summit and carry out
diplomatic engagement to advance the strategy required under subsection
(c).
(e) Authorization of Appropriations.--There is authorized to be
appropriated $400,000,000 for fiscal year 2020 to carry out the
activities set forth in subsection (b).
(f) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 122. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE HUMANITARIAN
CRISIS IN VENEZUELA.
(a) Sense of Congress.--It is the sense of Congress that the United
Nations humanitarian agencies should conduct and publish independent
assessments of the humanitarian situation in Venezuela, including--
(1) the extent and impact of the shortages of food,
medicine, and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal
and child mortality rates and the prevalence and treatment of
communicable diseases; and
(3) the efforts needed to resolve the shortages identified
in paragraph (1) and to improve the health indicators referred
to in paragraph (2).
(b) United Nations Resident Coordinator.--The President should
instruct the Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States at the United Nations
to support the efforts of the Resident Coordinator for Venezuela in a
manner that--
(1) contributes to Venezuela's long-term recovery; and
(2) advances humanitarian efforts in Venezuela and for
Venezuelans residing in neighboring countries.
SEC. 123. COORDINATION AND DISTRIBUTION OF HUMANITARIAN ASSISTANCE TO
THE PEOPLE OF VENEZUELA.
(a) Short Title.--This section may be cited as the ``Humanitarian
Assistance to the Venezuelan People Act of 2019''.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(c) Report on the Coordination and Distribution of Humanitarian
Assistance to the People of Venezuela Including Strategy on Future
Efforts.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, shall submit a report to the
appropriate congressional committees that evaluates the
delivery and coordination of humanitarian assistance to the
people of Venezuela since the onset of the humanitarian crisis,
whether residing in Venezuela or elsewhere in the Western
Hemisphere.
(2) Matters to be included.--The report required under
paragraph (1) shall--
(A) identify how United States Agency for
International Development and Department of State best
practices are being utilized in providing humanitarian
assistance to Venezuela and countries in the region,
including a description of coordination efforts with
United States embassies and USAID missions throughout
the region;
(B) describe the current and anticipated challenges
to distributing humanitarian assistance in Venezuela
and countries hosting Venezuelan migrants;
(C) describe the coordination of United States
assistance with foreign donors; and
(D) describe how the distribution of humanitarian
assistance is being monitored and evaluated,
including--
(i) the number of beneficiaries receiving
such assistance;
(ii) an assessment of how humanitarian and
development assistance is benefitting
Venezuelan migrants inside and outside of the
country; and
(iii) what additional staff may be
necessary to manage such assistance.
Subtitle C--Addressing Regime Cohesion
SEC. 131. CLASSIFIED BRIEFING ON DECLINING COHESION INSIDE THE
VENEZUELAN MILITARY AND THE MADURO REGIME.
(a) Reporting Requirement.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, acting through
the Bureau of Intelligence and Research, and in coordination with the
Director of National Intelligence, shall provide a briefing to the
appropriate congressional committees that assesses the declining
cohesion inside the Venezuelan military and security forces and the
Maduro regime.
(b) Additional Elements.--The briefing required under subsection
(a) shall--
(1) identify senior members of the Venezuelan military and
the Maduro regime, including generals, admirals, cabinet
ministers, deputy cabinet ministers, and the heads of
intelligence agencies, whose loyalty to Nicolas Maduro is
declining;
(2) describe the factors that would accelerate the decision
making of individuals identified in paragraph (1)--
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela
and his government; and
(3) assess and detail the massive number of desertions and
defections that have occurred at the officer and enlisted
levels inside the Venezuelan military and security forces.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 132. ADDITIONAL RESTRICTIONS ON VISAS.
(a) In General.--The Secretary of State shall impose the visa
restrictions described in subsection (c) on any foreign person who the
Secretary determines--
(1) is a current or former senior official of the Maduro
regime, or any foreign person acting on behalf of such regime,
who is knowingly responsible for, complicit in, responsible for
ordering, controlling, or otherwise directing, or participating
in (directly or indirectly) any activity in or in relation to
Venezuela, on or after January 23, 2019, that significantly
undermines or threatens the integrity of--
(A) the democratically-elected National Assembly of
Venezuela; or
(B) the President of such National Assembly, while
serving as Interim President of Venezuela, or the
senior government officials under the supervision of
such President;
(2) is the spouse or adult child of a foreign person
described in paragraph (1); or
(3) is the spouse or adult child of Venezuelan person
sanctioned under--
(A) section 5(a) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-
278), as amended by section 163 of this title;
(B) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note)
and 13850.
(b) Removal From Visa Revocation List.--Pursuant to such procedures
as the Secretary of State may establish to implement this section--
(1) if any person described in subsection (a)(1) recognizes
and pledges support for the Interim President of Venezuela or a
subsequent democratically elected government of Venezuela, that
person and any family members of that person who were subject
to visa restrictions pursuant to subsection (a)(2) shall no
longer be subject to such visa restrictions; and
(2) if any person described in subparagraphs (A) through
(C) of subsection (a)(3) recognizes and pledges support for the
Interim President of Venezuela or a subsequent democratically
elected government of Venezuela, any family members of that
person who were subject to visa restrictions pursuant to
subsection (a)(3) shall no longer be subject to such visa
restrictions.
(c) Visa Restrictions Described.--
(1) Visas, admission, or parole.--An alien described in
subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(2) Current visas revoked.--
(A) In general.--An alien described in subsection
(a) is subject to revocation of any visa or other entry
documentation regardless of when the visa or other
entry documentation is or was issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(3) Exceptions.--Sanctions under paragraphs (1) and (2)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) Rulemaking.--The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
SEC. 133. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE INTERIM
PRESIDENT OF VENEZUELA.
(a) Removal of Sanctions.--If a person sanctioned under any of the
provisions of law described in subsection (b) recognizes and pledges
supports for the Interim President of Venezuela or a subsequent
democratically elected government, the person shall no longer be
subject to such sanctions, pursuant to such procedures as the Secretary
of State and the Secretary of the Treasury may establish to implement
this section.
(b) Sanctions Described.--The sanctions described in this
subsection are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the
Venezuela Defense of Human Rights and Civil Society Act of 2014
(Public Law 113-278), as amended by section 163 of this title.
(B) Paragraph (5) of section 5(a) of such Act, to the
extent such paragraph relates to the sanctions described in
paragraph (3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of
Executive Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such
Executive Order, to the extent such subparagraph relates to the
provisions of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive
Order, to the extent such paragraph relates to the provision of
law cited in subparagraph (A).
(c) Rulemaking.--The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
Subtitle D--Restoring Democracy and Addressing the Political Crisis in
Venezuela
SEC. 141. SUPPORT FOR THE ORGANIZATION OF AMERICAN STATES AND THE LIMA
GROUP.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should--
(1) take additional steps to support ongoing efforts by the
Secretary General of the Organization of American States to
promote diplomatic initiatives to foster the restoration of
democracy and the rule of law in Venezuela;
(2) conduct diplomatic engagement in support of efforts by
the Lima Group to restore democracy and the rule of law in
Venezuela and facilitate the delivery of humanitarian
assistance for the Venezuelan people; and
(3) engage with the International Contact Group on
Venezuela to advance a peaceful and democratic solution to the
current crisis.
(b) Defined Terms.--In this section:
(1) International contact group on venezuela.--The
``International Contact Group on Venezuela'' refers to a
diplomatic bloc--
(A) whose members include the European Union,
France, Germany, Italy, Spain, Portugal, Sweden, the
Netherlands, the United Kingdom, Ecuador, Costa Rica,
and Uruguay; and
(B) which was established to advance a peaceful and
democratic solution to the current crisis in Venezuela.
(2) Lima group.--The ``Lima Group'' refers to a diplomatic
bloc--
(A) whose members include Argentina, Brazil,
Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana,
Honduras, Panama, Paraguay, Peru, and Saint Lucia; and
(B) which was established to address the political,
economic, and humanitarian crises in Venezuela.
SEC. 142. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement in
support of efforts in Venezuela, and on the part of the international
community, to ensure accountability for possible crimes against
humanity and serious violations of human rights.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a report to Congress
that--
(1) evaluates the degree to which the Maduro regime and its
officials, including members of the Venezuelan security forces,
have engaged in actions that constitute possible crimes against
humanity and serious violations of human rights; and
(2) provides options for holding accountable the
perpetrators identified under paragraph (1).
SEC. 143. SUPPORT FOR INTERNATIONAL ELECTION OBSERVATION AND DEMOCRATIC
CIVIL SOCIETY.
(a) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development--
(1) shall work with the Organization of American States to
ensure credible international observation of future elections
in Venezuela that contributes to free, fair, and transparent
democratic electoral processes; and
(2) shall work with nongovernmental organizations--
(A) to strengthen democratic governance and
institutions, including the democratically elected
National Assembly of Venezuela;
(B) to defend internationally recognized human
rights for the people of Venezuela, including support
for efforts to document crimes against humanity and
violations of human rights;
(C) to support the efforts of independent media
outlets to broadcast, distribute, and share information
beyond the limited channels made available by the
Maduro regime; and
(D) to combat corruption and improve the
transparency and accountability of institutions that
are part of the Maduro regime.
(b) Engagement at the Organization of American States.--The
Secretary of State, acting through the United States Permanent
Representative to the Organization of American States, should advocate
and build diplomatic support for sending an election observation
mission to Venezuela to ensure that democratic electoral processes are
organized and carried out in a free, fair, and transparent manner.
(c) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for International
Development, shall provide a briefing on the strategy to carry out the
activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of State for fiscal year 2020, $17,500,000 to
carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and from the Development Assistance
Fund under section 653(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2413(a)), to the extent that such funds are
expended.
Subtitle E--Supporting the Reconstruction of Venezuela
SEC. 151. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN PEOPLE.
(a) Recovering Assets.--The President, acting through the Secretary
of State and in consultation with the Secretary of the Treasury, shall
advance a coordinated international effort--
(1) to work with foreign governments--
(A) to share financial investigations intelligence,
as appropriate;
(B) to block the assets identified pursuant to
paragraph (2); and
(C) to provide technical assistance to help
governments establish the necessary legal framework to
carry out asset forfeitures; and
(2) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Venezuela through theft, corruption, money
laundering, or other illicit means.
(b) Strategy Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of State and in consultation with the Secretary of
the Treasury, shall submit a strategy for carrying out the
activities described in subsection (a) to Congress.
(2) Additional elements.--The strategy required under
paragraph (1) shall--
(A) assess whether the United States or another
member of the international community should establish
a managed fund to hold the assets identified pursuant
to subsection (a)(2) that could be returned to a future
democratic government in Venezuela; and
(B) include such recommendations as the President
and the Secretary of State consider appropriate for
legislative or administrative action in the United
States that would be needed to establish and manage the
fund described in subparagraph (A).
Subtitle F--Restoring the Rule of Law in Venezuela
SEC. 161. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY
WITH PARTNERS IN THE WESTERN HEMISPHERE AND THE EUROPEAN
UNION.
(a) Strengthening Sanctions Capacity in Latin America and the
Caribbean.--The Secretary of State, in consultation with the Secretary
of the Treasury, shall offer to provide technical assistance to partner
governments in Latin America and the Caribbean to assist such
governments in establishing the legislative and regulatory frameworks
needed to impose targeted sanctions on officials of the Maduro regime
who--
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes
in Venezuela.
(b) Coordinating International Sanctions.--The Secretary of State,
in consultation with the Secretary of the Treasury, shall engage in
diplomatic efforts with partner governments, including the Government
of Canada, governments in the European Union, and governments in Latin
America and the Caribbean, to impose targeted sanctions on the Maduro
regime officials described in subsection (a).
(c) Strategy Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of the Treasury, shall submit a strategy for carrying out
the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Appropriations of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State for fiscal year 2020, $3,000,000 to
carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated
pursuant to paragraph (1) are subject to the notification
requirements applicable to expenditures from the Economic
Support Fund under section 531(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and
Law Enforcement Fund under section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h) to the extent that
such funds are expended.
SEC. 162. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF VENEZUELAN
OFFICIALS IN CORRUPTION AND ILLICIT NARCOTICS
TRAFFICKING.
(a) Briefing Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, acting through the
Bureau of Intelligence and Research, and in coordination with the
Director of National Intelligence, shall provide a classified briefing
to the appropriate congressional committees on the involvement of
senior officials of the Maduro regime, including members of the
National Electoral Council, the judicial system, and the Venezuelan
security forces, in illicit narcotics trafficking and significant acts
of public corruption in Venezuela.
(b) Additional Elements.--The briefing provided under subsection
(a) shall--
(1) describe how the significant acts of public corruption
pose challenges for United States national security and impact
the rule of law and democratic governance in countries of the
Western Hemisphere;
(2) identify individuals for whom there is credible
information that they frustrated the ability of the United
States to combat illicit narcotics trafficking;
(3) include an assessment of the relationship between
individuals identified under subsection (a) and Nicolas Maduro
or members of his cabinet; and
(4) include input from the Drug Enforcement Administration,
the Office of Foreign Assets Control, and the Financial Crimes
Enforcement Network.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 163. CONCERNS OVER PDVSA TRANSACTIONS WITH ROSNEFT.
(a) Findings.--Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company
Petroleos de Venezuela, S.A. (referred to in this section as
``PDVSA''), through a no compete transaction, secured a loan
from Russian government-controlled oil company Rosneft, using
49.9 percent of PDVSA's American subsidiary, CITGO Petroleum
Corporation, including its assets in the United States, as
collateral. As a result of this transaction, 100 percent of
CITGO is held as collateral by PDVSA's creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged
in interstate commerce and owns and controls critical energy
infrastructure in 19 States of the United States, including an
extensive network of pipelines, 48 terminals, and 3 refineries,
with a combined oil refining capacity of 749,000 barrels per
day. CITGO's refinery in Lake Charles, Louisiana, is the sixth
largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions on
Rosneft, which is controlled by the Government of the Russian
Federation, and its Executive Chairman, Igor Sechin, following
Russia's military invasion of Ukraine and its illegal
annexation of Crimea in 2014.
(4) The Department of Homeland Security has designated the
energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the
probability that the Maduro regime and PDVSA will default on
their international debt obligations, resulting in a scenario
in which Rosneft could come into control of CITGO's United
States energy infrastructure holdings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) control of critical United States energy infrastructure
by Rosneft, a Russian government-controlled entity currently
under United States sanctions that is led by Igor Sechin, who
is also under United States sanctions and is a close associate
of Vladimir Putin, would pose a significant risk to United
States national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting
in Rosneft coming into possession of PDVSA's United States
CITGO assets, would warrant careful consideration by the
Committee on Foreign Investment in the United States.
(c) Preventing Rosneft From Controlling United States Energy
Infrastructure.--The President shall take all necessary steps to
prevent Rosneft from gaining control of critical United States energy
infrastructure.
(d) Security Risk Report.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit a report
assessing the national security risks posed by potential Russian
acquisition and control of CITGO's United States energy infrastructure
holdings to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on Financial Services of the House of
Representatives.
SEC. 164. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Bureau of Intelligence and Research of the Department of State, and in
coordination with the Director of National Intelligence, shall provide
a classified briefing to the appropriate congressional committees on--
(1) the full extent of cooperation by the Government of the
Russian Federation, the Government of the People's Republic of
China, the Government of Cuba, and the Government of Iran with
the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign
armed groups, including Colombian criminal organizations and
defectors from the Colombian guerilla group known as the
Revolutionary Armed Forces of Colombia, and foreign terrorist
organizations, including the Colombian guerilla group known as
the National Liberation Army (ELN).
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 165. COUNTERING RUSSIAN INFLUENCE IN VENEZUELA.
(a) Short Title.--This section may be cited as the ``Russian-
Venezuelan Threat Mitigation Act''.
(b) Threat Assessment and Strategy to Counter Russian Influence in
Venezuela.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Threat assessment.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
regarding--
(A) an assessment of Russian-Venezuelan security
cooperation;
(B) the potential threat such cooperation poses to
the United States and countries in the Western
Hemisphere; and
(C) a strategy to counter threats identified in
subparagraphs (A) and (B).
(c) Aliens Ineligible for Visas, Admission, or Parole.--
(1) Aliens described.--An alien described in this paragraph
is an alien who the Secretary of State or the Secretary of
Homeland Security (or a designee of either Secretary) knows, or
has reason to believe, is acting or has acted on behalf of the
Government of Russia in direct support of the security forces
of the Maduro regime.
(2) Visas, admission, or parole.--An alien described in
paragraph (1) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(3) Current visas revoked.--
(A) In general.--An alien described in paragraph
(1) is subject to revocation of any visa or other entry
documentation regardless of when the visa or other
entry documentation is or was issued.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid
visa or entry documentation that is in the
alien's possession.
(4) Exceptions.--Sanctions under paragraphs (2) and (3)
shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(5) National security.--The President may waive the
application of this subsection with respect to an alien if the
President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) submits a notice of, and justification for,
such waiver to the appropriate congressional
committees.
(6) Sunset.--This subsection shall terminate on the date
that is 1 year after the date of the enactment of this Act.
SEC. 166. RESTRICTION ON EXPORT OF COVERED ARTICLES AND SERVICES TO
CERTAIN SECURITY FORCES OF VENEZUELA.
(a) Short Title.--This section may be cited as the ``Venezuela Arms
Restriction Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(2) Covered article or service.--The term ``covered article
or service''--
(A) for purposes of subsection (c), means--
(i) a defense article or defense service
(as such terms are defined in section 47 of the
Arms Export Control Act (22 U.S.C. 2794)); and
(ii) any article included on the Commerce
Control List set forth in Supplement No. 1 to
part 774 of the Export Administration
Regulations under subchapter C of chapter VII
of title 15, Code of Federal Regulations, and
controlled for crime control purposes, if the
end user is likely to use the article to
violate the human rights of the citizens of
Venezuela; and
(B) for purposes of subsection (d), means--
(i) any defense article or defense service
of the type described in section 47 of the Arms
Export Control Act (22 U.S.C. 2794); and
(ii) any article of the type included on
the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export
Administration Regulations and controlled for
crime control purposes.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Security forces of venezuela.--The term ``security
forces of Venezuela'' includes--
(A) the Bolivarian National Armed Forces, including
the Bolivarian National Guard;
(B) the Bolivarian National Intelligence Service;
(C) the Bolivarian National Police; and
(D) the Bureau for Scientific, Criminal and
Forensic Investigations of the Ministry of Interior,
Justice, and Peace.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(c) Restriction on Export of Covered Articles and Services to
Certain Security Forces of Venezuela.--
(1) In general.--Notwithstanding any other provision of
law, covered articles or services may not be exported from the
United States to any element of the security forces of the
Maduro regime.
(2) Determination.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the heads of
other departments and agencies, as appropriate, shall--
(A) determine, using such information that is
available to the Secretary of State, whether any
covered article or service has been transferred since
July 2017 to the security forces of Venezuela without a
license or other authorization as required by law; and
(B) submit such determination in writing to the
appropriate congressional committees.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce, as appropriate,
shall submit a report to the appropriate congressional
committees regarding the transfer by foreign persons of covered
articles or services to elements of the security forces of
Venezuela that are under the authority of the Maduro regime.
(2) Matters to be included.--The report required under
paragraph (1) shall include--
(A) a list of all significant transfers by foreign
persons of covered articles or services to such
elements of the security forces of Venezuela since July
2017;
(B) a list of all foreign persons who maintain an
existing defense relationship with such elements of the
security forces of Venezuela; and
(C) any known use of covered articles or services
by such elements of the security forces of Venezuela or
associated forces, including paramilitary groups, that
have coordinated with such security forces to assault,
intimidate, or murder political activists, protesters,
dissidents, and other civil society leaders, including
Juan Guaido.
(e) Sunset.--This section shall terminate on the earlier of--
(1) the date that is 3 years after the date of the
enactment of this Act; or
(2) the date on which the President certifies to the
appropriate congressional committees that the Government of
Venezuela has returned to a democratic form of government with
respect for the essential elements of representative democracy
as set forth in Article 3 of the Inter-American Democratic
Charter, adopted by the Organization of American States in Lima
on September 11, 2001.
Subtitle G--Cryptocurrency and Ensuring the Effectiveness of United
States Sanctions
SEC. 171. BRIEFING ON THE IMPACT OF CRYPTOCURRENCIES ON UNITED STATES
SANCTIONS.
(a) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Financial Services of the House of
Representatives.
(b) Methodology.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of the
Treasury, after consultation with the Chairman of the Securities and
Exchange Commission and the Chairman of the Commodity Futures Trading
Commission, shall develop a methodology to assess how any digital
currency, digital coin, or digital token, that was issued by, for, or
on behalf of the Maduro regime is being utilized to circumvent or
undermine United States sanctions.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of the
Treasury shall brief the appropriate congressional committees on the
methodology developed under subsection (b).
Subtitle H--Miscellaneous Provisions
SEC. 181. CONGRESSIONAL BRIEFINGS.
(a) Humanitarian Assistance; Sanctions Coordination.--
(1) In general.--Not later than 15 days after any of the
congressional committees listed in paragraph (2) requests a
briefing regarding the implementation--
(A) of section 121, the Secretary of State and the
Administrator of the United States Agency for
International Development shall provide such briefing
to such committee; and
(B) of section 161, the Secretary of State shall
provide such briefing to such committee.
(2) Congressional committees.--The committees listed in
this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(b) United Nations; Negotiated Solution; Crimes Against Humanity.--
(1) In general.--Not later than 15 days after any
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 113, 122, or
142, the Secretary of State shall provide such briefing to such
committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(c) Regime Cohesion.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 131, the
Secretary of State and the Director of National Intelligence
shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(d) International Election Observation; Democratic Civil Society.--
Not later than 15 days after a congressional committee listed in
subsection (a)(2) requests a briefing regarding the implementation of
section 143, the Secretary of State and the Administrator of the United
States Agency for International Development shall provide such briefing
to such committee.
(e) Visa Restrictions; Sanctions Waiver.--Not later than 15 days
after a congressional committee listed in subsection (b)(2) requests a
briefing regarding the implementation of section 132 or 133, the
Secretary of State shall provide such briefing to such committee.
(f) Recovery of Stolen Assets.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 151, the
Secretary of State, the Secretary of the Treasury, and the
Attorney General shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Financial Services of the
House of Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(g) PDVSA Transactions With Rosneft.--
(1) In general.--Not later than 15 days after a
congressional committee listed in paragraph (2) requests a
briefing regarding the implementation of section 163, the
Secretary of State, the Secretary of the Treasury, and the
Secretary of Homeland Security shall provide such briefing to
such committee.
(2) Congressional committees.--The congressional committees
listed in this paragraph are--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
SEC. 182. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE AS AN
AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this title may be construed as an authorization for the
use of military force.
SEC. 183. EXTENSION AND TERMINATION OF SANCTIONS AGAINST VENEZUELA.
(a) Amendment.--Section 5(e) of the Venezuela Defense of Human
Rights and Civil Society Act of 2014 (Public Law 113-278; 50 U.S.C.
1701 note) is amended by striking ``December 31, 2019'' and inserting
``December 31, 2023''.
(b) Termination.--The requirement to impose sanctions under this
title shall terminate on December 31, 2023.
TITLE II--EASTERN MEDITERRANEAN SECURITY AND ENERGY PARTNERSHIP
SEC. 201. SHORT TITLE.
This title may be cited as the ``Eastern Mediterranean Security and
Energy Partnership Act of 2019''.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) The security of partners and allies in the Eastern
Mediterranean region is critical to the security of the United
States and Europe.
(2) Greece is a valuable member of the North Atlantic
Treaty Organization (NATO) and a key pillar of stability in the
Eastern Mediterranean.
(3) Israel is a steadfast ally of the United States and has
been designated a ``major non-NATO ally'' and ``major strategic
partner''.
(4) Cyprus is a key strategic partner and signed a
Statement of Intent with the United States on November 6, 2018,
to enhance bilateral security cooperation.
(5) The countries of Greece, Cyprus, and Israel have
participated in critical trilateral summits to improve
cooperation on energy and security issues.
(6) Secretary of State Mike Pompeo participated in the
trilateral summit among Israel, Greece, and Cyprus on March 20,
2019.
(7) The United States, Israel, Greece, and Cyprus oppose
any action in the Eastern Mediterranean and the Aegean Sea that
could challenge stability, violate international law, or
undermine good neighborly relations, and in a joint declaration
on March 21, 2019, agreed to ``defend against external malign
influences in the Eastern Mediterranean and the broader Middle
East''.
(8) The recent discovery of what may be the region's
largest natural gas field off the Egyptian coast and the newest
discoveries of natural gas off the coast of Cyprus could
represent a significant and positive development for the
Eastern Mediterranean and the Middle East, enhancing the
region's strategic energy significance.
(9) It is in the national security interest of the United
States to promote, achieve, and maintain energy security among,
and through cooperation with, allies.
(10) Natural gas developments in the Eastern Mediterranean
have the potential to provide economic gains and contribute to
energy security in the region and Europe, as well as support
European efforts to diversify away from natural gas supplied by
the Russian Federation.
(11) The soon to be completed Trans Adriatic Pipeline is a
critical component of the Southern Gas Corridor and the
European Union's efforts to diversify energy resources.
(12) The proposed Eastern Mediterranean pipeline, if
commercially viable, would provide for energy diversification
in accordance with the European Union's third energy package of
reforms.
(13) The United States acknowledges the achievements and
importance of the Binational Industrial Research and
Development Foundation (BIRD) and the United States-Israel
Binational Science Foundation (BSF) and supports continued
multiyear funding to ensure the continuity of the programs of
the Foundations.
(14) The United States has welcomed Greece's allocation of
2 percent of its gross domestic product (GDP) to defense in
accordance with commitments made at the 2014 NATO Summit in
Wales.
(15) Energy exploration in the Eastern Mediterranean region
must be safeguarded against threats posed by terrorist and
extremist groups, including Hezbollah and any other actor in
the region.
(16) The energy exploration in the Republic of Cyprus's
Exclusive Economic Zone and territorial waters--
(A) furthers United States interests by providing a
potential alternative to Russian gas for United States
allies and partners; and
(B) should not be impeded by other sovereign
states.
(17) The United States Government cooperates closely with
Cyprus, Greece, and Israel through information sharing
agreements.
(18) United States officials have assisted the Government
of the Republic of Cyprus with crafting that nation's national
security strategy.
(19) The United States Government provides training to
Cypriot officials in areas such as cybersecurity,
counterterrorism, and explosive ordnance disposal and stockpile
management.
(20) Israel, Greece, and Cyprus are valued members of the
Proliferation Security Initiative to combat the trafficking of
weapons of mass destruction.
(21) The Republic of Cyprus continues to work closely with
the United Nations and regional partners in Europe to combat
terrorism and violent extremism.
(22) Despite robust economic and security relations with
the United States, the Republic of Cyprus has been subject to a
United States prohibition on the export of defense articles and
services since 1987.
(23) The 1987 arms prohibition was designed to restrict
United States arms sales and transfers to the Republic of
Cyprus and the occupied part of Cyprus to avoid hindering
reunification efforts.
(24) At least 40,000 Turkish troops are stationed in the
occupied part of Cyprus with some weapons procured from the
United States through mainland Turkey.
(25) While the United States has, as a matter of policy,
avoided the provision of defense articles and services to the
Republic of Cyprus, the Government of Cyprus has, in the past,
sought to obtain defense articles from other countries,
including countries, such as Russia, that pose challenges to
United States interests around the world.
SEC. 203. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue to actively participate in the trilateral
dialogue on energy, maritime security, cybersecurity and
protection of critical infrastructure conducted among Israel,
Greece, and Cyprus;
(2) to support diplomatic efforts with partners and allies
to deepen energy security cooperation among Greece, Cyprus, and
Israel and to encourage the private sector to make investments
in energy infrastructure in the Eastern Mediterranean region;
(3) to strongly support the completion of the Trans
Adriatic and Eastern Mediterranean Pipelines and the
establishment of liquified natural gas (LNG) terminals across
the Eastern Mediterranean as a means of diversifying regional
energy needs away from the Russian Federation;
(4) to maintain a robust United States naval presence and
investments in the naval facility at Souda Bay, Greece and
develop deeper security cooperation with Greece to include the
recent MQ-9 deployments to the Larissa Air Force Base and
United States Army helicopter training in central Greece;
(5) to welcome Greece's commitment to move forward with the
Interconnector Greece-Bulgaria (IGB pipeline) and additional
LNG terminals that will help facilitate delivery of non-Russian
gas to the Balkans and central Europe;
(6) to support deepened security cooperation with the
Republic of Cyprus through the removal of the arms embargo on
the country;
(7) to support robust International Military Education and
Training (IMET) programming with Greece and the Republic of
Cyprus;
(8) to leverage relationships within the European Union to
encourage investments in Cypriot border and maritime security;
(9) to support efforts to counter Russian Federation
interference and influence in the Eastern Mediterranean through
increased security cooperation with Greece, Cyprus, and Israel,
to include intelligence sharing, cyber, and maritime domain
awareness;
(10) to support the Republic of Cyprus' efforts to regulate
its banking industry to ensure that it is not used as a source
of international money laundering and encourage additional
measures toward that end;
(11) to strongly oppose any actions that would trigger
mandatory sanctions pursuant to section 231 of the Countering
America's Adversaries Through Sanctions Act (CAATSA) (Public
Law 115-44), to include the purchase of military equipment from
the Russian Federation;
(12) to continue robust official strategic engagement with
Israel, Greece, and Cyprus;
(13) to urge countries in the region to deny port services
to Russian Federation vessels deployed to support the
government of Bashar Al-Assad in Syria;
(14) to support joint military exercises among Israel,
Greece, and Cyprus;
(15) to fully implement relevant CAATSA provisions to
prevent interference by the Russian Federation in the region;
(16) to support efforts by countries in the region to
demobilize military equipment supplied by the Russian
Federation in favor of equipment provided by NATO and NATO-
allied member countries; and
(17) to strongly support the active and robust
participation of Israel, Cyprus, and Greece in the Combating
Terrorism Fellowship Program.
SEC. 204. UNITED STATES-EASTERN MEDITERRANEAN ENERGY COOPERATION.
(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy, may enter into cooperative agreements supporting
and enhancing dialogue and planning involving international
partnerships between the United States and Israel, Greece, and the
Republic of Cyprus.
(b) Annual Reports.--If the Secretary of State, in coordination
with the Secretary of Energy, enters into agreements authorized under
subsection (a), the Secretary shall submit an annual report to the
appropriate congressional committees that describes--
(1) actions taken to implement such agreements; and
(2) any projects undertaken pursuant to such agreements.
(c) United States-Eastern Mediterranean Energy Center.--The
Secretary of Energy, in coordination with the Secretary of State, may
establish a joint United States-Eastern Mediterranean Energy Center in
the United States leveraging the experience, knowledge, and expertise
of institutions of higher education and entities in the private sector,
among others, in offshore energy development to further dialogue and
collaboration to develop more robust academic cooperation in energy
innovation technology and engineering, water science, technology
transfer, and analysis of emerging geopolitical implications, which
include opportunities as well as crises and threats from foreign
natural resource and energy acquisitions.
SEC. 205. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED
STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of title
22, Code of Federal Regulations) to the Republic of Cyprus
would advance United States security interests in Europe by
helping to reduce the dependence of the Government of the
Republic of Cyprus on other countries, including countries that
pose challenges to United States interests around the world,
for defense-related materiel; and
(2) it is in the interest of the United States to continue
to support United Nations-facilitated efforts toward a
comprehensive solution to the division of Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any
agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply to any
sale or other provision of any defense article or defense service to
Cyprus if the end-user of such defense article or defense service is
the Government of the Republic of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus From
Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the
enactment of this Act, the Secretary of State shall not apply a
policy of denial for exports, re-exports, or transfers of
defense articles and defense services destined for or
originating in the Republic of Cyprus if--
(A) the request is made by or on behalf of the
Government of the Republic of Cyprus; and
(B) the end-user of such defense articles or
defense services is the Government of the Republic of
Cyprus.
(2) Exception.--This exclusion shall not apply to any
denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United States
Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United States
Munitions List to the Republic of Cyprus shall remain in place
unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is
continuing to cooperate with the United States
Government in efforts to implement reforms on anti-
money laundering regulations and financial regulatory
oversight; and
(B) the Government of the Republic of Cyprus has
made and is continuing to take the steps necessary to
deny Russian military vessels access to ports for
refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
SEC. 206. IMET COOPERATION WITH GREECE AND THE REPUBLIC OF CYPRUS.
There is authorized to be appropriated $1,300,000 for fiscal year
2020, $1,500,000 for fiscal year 2021, and $1,800,000 for fiscal year
2022 for International Military Education and Training (IMET)
assistance for Greece and $200,000 for fiscal year 2020, $500,000 for
fiscal year 2021, and $750,000 for fiscal year 2022 for such assistance
for the Republic of Cyprus. The assistance shall be made available for
the following purposes:
(1) Training of future leaders.
(2) Fostering a better understanding of the United States.
(3) Establishing a rapport between the United States
military and the country's military to build alliances for the
future.
(4) Enhancement of interoperability and capabilities for
joint operations.
(5) Focusing on professional military education.
(6) Enabling countries to use their national funds to
receive a reduced cost for other Department of Defense
education and training.
SEC. 207. FOREIGN MILITARY FINANCING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2021 up to $3,000,000 for Foreign Military
Financing (FMF) assistance for Greece to assist the country in meeting
its commitment as a member of the North Atlantic Treaty Organization
(NATO) to dedicate 20 percent of its defense budget to enhance research
and development.
(b) Sense of Congress.--It is the sense of Congress that Greece
should receive robust support under the European Recapitalization
Incentive Program implemented by the Department of Defense.
SEC. 208. STRATEGY ON UNITED STATES SECURITY AND ENERGY COOPERATION IN
THE EASTERN MEDITERRANEAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Energy, shall submit to the
appropriate congressional committees a strategy on enhanced security
and energy cooperation with countries in the Eastern Mediterranean
region, including Israel, the Republic of Cyprus, and Greece.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of United States participation in and
support for the Eastern Mediterranean Natural Gas Forum.
(2) An evaluation of all possible delivery mechanisms into
Europe for natural gas discoveries in the Eastern Mediterranean
region.
(3) An evaluation of efforts to protect energy exploration
infrastructure in the region, including infrastructure owned or
operated by United States companies.
(4) An assessment of the capacity of the Republic of Cyprus
to host an Energy Crisis Center in the region which could
provide basing facilities in support of search and rescue
efforts in the event of an accident.
(5) An assessment of the timing of potential natural gas
delivery in the region as well as an assessment of the ultimate
destination countries for the natural gas delivery from the
region.
(6) A plan to work with United States businesses seeking to
invest in Eastern Mediterranean energy exploration,
development, and cooperation.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 209. REPORT ON RUSSIAN FEDERATION MALIGN INFLUENCE IN THE EASTERN
MEDITERRANEAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on Russian Federation
malign influence in the Republic of Cyprus, Greece, and Israel since
January 1, 2017.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An assessment of security, political, and energy goals
of the Russian Federation in the Eastern Mediterranean.
(2) A description of energy projects of the Government of
the Russian Federation in the Eastern Mediterranean.
(3) A listing of Russian national ownership of media
outlets in these countries, including the name of the media
outlet, approximate viewership, and assessment of whether the
outlet promotes pro-Kremlin views.
(4) An assessment of military engagement by the Government
of the Russian Federation in the security sector, including
engagement by military equipment and personnel contractors.
(5) An assessment of efforts supported by the Government of
the Russian Federation to influence elections in the three
countries, through the use of cyber attacks, social media
campaigns, or other malign influence techniques.
(6) An assessment of efforts by the Government of the
Russian Federation to intimidate and influence the decision by
His All Holiness Ecumenical Patriarch Bartholomew, leader of
300,000,000 Orthodox Christians worldwide, to grant autocephaly
to the Ukrainian Orthodox Church.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 210. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE EXCLUSIVE
ECONOMIC ZONE OF THE REPUBLIC OF CYPRUS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Energy, shall submit to the
appropriate congressional committees a report listing incidents since
January 1, 2017, determined by the Secretary of State to interfere in
efforts by the Republic of Cyprus to explore and exploit natural
resources in its Exclusive Economic Zone.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 211. REPORT ON INTERFERENCE BY OTHER COUNTRIES IN THE AIRSPACE OF
GREECE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the appropriate congressional
committees a report listing incidents since January 1, 2017, determined
by the Secretary of State to be violations of the airspace of the
sovereign territory of Greece by its neighbors.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 212. APPROPRIATE CONGRESSIONAL COMMITTEES.
In this title, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
TITLE III--END NEGLECTED TROPICAL DISEASES ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``End Neglected Tropical Diseases
Act''.
SEC. 302. STATEMENT OF POLICY.
It is the policy of the United States to support a broad range of
implementation and research and development activities that work toward
the achievement of cost-effective and sustainable treatment, control,
and, where possible, elimination of neglected tropical diseases for the
economic and social well-being of all people.
SEC. 303. DEFINITION.
In this title, the terms ``neglected tropical diseases'' and
``NTDs''--
(1) mean infections caused by pathogens, including viruses,
bacteria, protozoa, and helminths that disproportionately
impact individuals living in extreme poverty, especially in
developing countries; and
(2) include--
(A) Buruli ulcer (Mycobacterium Ulcerans
infection);
(B) Chagas disease;
(C) dengue or severe dengue fever;
(D) dracunculiasis (Guinea worm disease);
(E) echinococcosis;
(F) foodborne trematodiases;
(G) human African trypanosomiasis (sleeping
sickness);
(H) leishmaniasis;
(I) leprosy;
(J) lymphatic filariasis (elephantiasis);
(K) onchocerciasis (river blindness);
(L) scabies;
(M) schistosomiasis;
(N) soil-transmitted helminthiases (STH)
(roundworm, whipworm, and hookworm);
(O) taeniasis/cysticercosis;
(P) trachoma; and
(Q) yaws (endemic treponematoses).
SEC. 304. EXPANSION OF UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT NEGLECTED TROPICAL DISEASES PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Neglected Tropical Diseases Program, as in effect on the date of the
enactment of this Act, should--
(1) provide integrated drug treatment packages to as many
individuals suffering from NTDs or at risk of acquiring NTDs,
including individuals displaced by manmade and natural
disasters, as logistically feasible;
(2) better integrate NTD control and treatment tools and
approaches into complementary development and global health
programs by coordinating, to the extent practicable and
appropriate, across multiple sectors, including those relating
to HIV/AIDS, malaria, tuberculosis, education, nutrition, other
infectious diseases, maternal and child health, and water,
sanitation, and hygiene;
(3) establish low-cost, high-impact community- and school-
based NTD programs to reach large at-risk populations,
including school-age children, with integrated drug treatment
packages, as feasible;
(4) as opportunities emerge and resources allow, engage in
research and development of new tools and approaches to reach
the goals relating to the elimination of NTDs as set forth by
the 2012 World Health Organization publication ``Accelerating
Work to Overcome the Global Impact of Neglected Tropical
Diseases: A Roadmap for Implementation'', including for Chagas
disease, Guinea worm, human African trypanosomiasis (sleeping
sickness), leprosy, and visceral leishmaniasis; and
(5) monitor research on and developments in the prevention
and treatment of other NTDs so breakthroughs can be
incorporated into the Neglected Tropical Diseases Program, as
practicable and appropriate.
(b) Program Priorities.--The Administrator of the United States
Agency for International Development (referred to in this section as
the ``Administrator'') should incorporate the following priorities into
the Neglected Tropical Diseases Program (as in effect on the date of
the enactment of this Act):
(1) Planning for and conducting robust monitoring and
evaluation of program investments in order to accurately
measure impact, identify and share lessons learned, and inform
future NTD control and elimination strategies.
(2) Coordinating program activities with complementary
development and global health programs of the United States
Agency for International Development, including programs
relating to water, sanitation, and hygiene, food and nutrition
security, and education (both primary and secondary), in order
to advance the goals of the London Declaration on Neglected
Tropical Diseases (2012).
(3) Including morbidity management in treatment plans for
high-burden NTDs.
(4) Incorporating NTDs included in the Global Burden of
Disease Study 2010 into the program as opportunities emerge, to
the extent practicable and appropriate.
(5) Continuing investments in the research and development
of new tools and approaches that complement existing research
investments and ensure that new discoveries make it through the
pipeline and become available to individuals who need them
most.
SEC. 305. ACTIONS BY DEPARTMENT OF STATE.
(a) Office of the Global AIDS Coordinator.--It is the sense of
Congress that the Coordinator of United States Government Activities to
Combat HIV/AIDS Globally should fully consider evolving research on the
impact of NTDs on efforts to control HIV/AIDS when making future
programming decisions, as necessary and appropriate.
(b) Global Programming.--
(1) In general.--The Secretary of State should encourage
the Global Fund to take into consideration evolving research on
the impact of NTDs on efforts to control HIV/AIDS when making
programming decisions, particularly with regard to female
genital schistosomiasis, which studies suggest may be one of
the most significant cofactors in the AIDS epidemic in Africa,
as necessary and appropriate.
(2) Global fund.--In this subsection, the term ``Global
Fund'' means the public-private partnership known as the Global
Fund to Fight AIDS, Tuberculosis and Malaria established
pursuant to Article 80 of the Swiss Civil Code.
(c) G-20 Countries.--The Secretary of State, acting through the
Office of Global Health Diplomacy, should encourage G-20 countries to
significantly increase their role in the control and elimination of
NTDs.
SEC. 306. MULTILATERAL DEVELOPMENT AND HEALTH INSTITUTIONS.
(a) Finding.--Congress finds that the treatment of NTDs, including
community- and school-based deworming programs, can be a highly cost-
effective intervention, and schools can serve as an effective delivery
mechanism for reaching large numbers of children with safe treatment
for soil-transmitted helminthiases (roundworm, whipworm, and hookworm)
in particular.
(b) United Nations.--The President should direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States to urge the World Health
Organization and the United Nations Development Programme to--
(1) ensure the dissemination of best practices and
programming on NTDs to governments and make data accessible to
practitioners in an open and timely fashion;
(2) highlight impacts of community- and school-based
deworming programs on children's health and education,
emphasizing the cost-effectiveness of such programs;
(3) encourage governments to implement deworming campaigns
at the national level;
(4) consider the designation of a portion of grant funds of
the institutions to deworming initiatives and cross-sectoral
collaboration with water, sanitation, and hygiene efforts and
nutrition or education programming, as practicable and
appropriate;
(5) encourage accurate monitoring and evaluation of NTD
programs, including deworming programs; and
(6) engage governments in cross-border initiatives for the
treatment, control, prevention, and elimination of NTDs, and
assist in developing transnational agreements, when and where
necessary.
SEC. 307. RULE OF CONSTRUCTION.
Nothing in this title may be construed to increase authorizations
of appropriations for the United States Agency for International
Development.
TITLE IV--PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Preventing Child Marriage in
Displaced Populations Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) According to United Nations Children's Fund (UNICEF),
12,000,000 girls marry before the age of 18 every year.
(2) Early marriage denies children, especially girls, their
right to make vital decisions about their well-being, including
relating to their health, family, and career. Child brides are
less likely to finish their education, and are at higher risk
for abuse, contracting HIV, and dying while pregnant or giving
birth.
(3) Child marriage also imposes substantial economic costs
to developing countries, impeding development and prosperity
gains.
(4) Displaced populations are particularly vulnerable to
child marriage, in communities where poverty, instability, and
displacement put pressure on families to marry children,
particularly young girls, off at a young age.
(5) One United Nations (UN) study found that child marriage
rates were 4 times higher among displaced Syrian refugees than
among Syrians before the crisis. This indicates that
displacement, instability, and poverty are driving child
marriages.
(6) United Nations agencies, including UNICEF and the
United Nations High Commissioner for Refugees (UNHCR), have
acknowledged the dangers of child marriage and taken steps to
address its risk in the populations they serve.
(7) The UN Joint Program on Child Marriage supports this
work by building the resilience of populations to indirectly
prevent child marriage and by generating new data and evidence
on the prevalence of child marriage in humanitarian and fragile
settings. For example, in Uganda, the UN Joint Program on Child
Marriage helped 27,000 adolescent girls strengthen critical
skills through school clubs and Go Back to School campaigns, as
well as life skills and financial literacy training.
(8) After the UN Joint Program on Child Marriage identified
Yemen as one of its focus countries, 65,000 people, of whom
45,000 are adolescents, were reached with awareness-raising
activities on the harms of child marriage in 2018 alone. As a
result, local council representatives, elders, and community
leaders from 6 districts signed a pledge to support advocacy
efforts to end child marriage.
SEC. 403. PREVENTING CHILD MARRIAGE IN DISPLACED POPULATIONS.
(a) In General.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to call for an
adoption of an agreed upon definition of ``child marriage'' across
United Nations agencies.
(b) Strategy.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to call for
the development of a comprehensive strategy to address child marriage
in refugee settlements administered by the United Nations. The strategy
should include the following elements:
(1) A mandate to regularly collect and report data related
to the number of known or suspected child marriages taking
place inside each such settlement.
(2) Protocols for United Nations personnel regarding
prevention and monitoring of child marriages inside each such
settlement.
(3) A description of United Nations programs administered
at such settlements that include--
(A) physical, mental, and emotional rehabilitation
and support to children who have extricated themselves
from child marriage; and
(B) alternatives to child marriage, such as
education initiatives.
(4) Protocols regarding how United Nations personnel
should--
(A) report adults participating in illegal child
marriages in each such settlement; and
(B) monitor the prosecution of such adults by the
authorities of the country in which the settlement at
issue is located.
(c) Research.--The President shall direct the United States
Permanent Representative to the United Nations to use the voice, vote,
and influence of the United States at the United Nations to advocate
for the United Nations and its appropriate agencies to include, as
appropriate, in all of its research regarding child marriage, the
relationship between child marriage and violence against girls,
including young children and infants.
(d) Definitions.--In this section:
(1) Child marriage.--The term ``child marriage'' means a
formal marriage or informal union involving at least one person
younger than age 18.
(2) Illegal child marriage.--The term ``illegal child
marriage'' means a child marriage that is illegal under the
laws of the country in which the child marriage occurs.
TITLE V--GLOBAL FRAGILITY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Global Fragility Act of 2019''.
SEC. 502. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Relevant federal department or agency.--The term
``relevant Federal department or agency'' means the Department
of State, the United States Agency for International
Development, the Department of Defense, the Department of
Treasury, and any other Federal department or agency the
President determines is relevant to carry out the purposes of
this title.
SEC. 503. STATEMENT OF POLICY.
It is the policy of the United States to seek to stabilize
conflict-affected areas and prevent violence and fragility globally,
including by--
(1) ensuring that all relevant Federal departments and
agencies coordinate to achieve coherent, long-term goals for
programs designed to carry out such policy;
(2) seeking to improve global, regional, and local
coordination of relevant international and multilateral
development and donor organizations regarding efforts to carry
out such policy; and
(3) enhancing the effectiveness of United States foreign
assistance programs and activities to carry out such policy,
including by improving assessment, monitoring, and evaluation
conducted by the relevant Federal departments and agencies.
SEC. 504. GLOBAL FRAGILITY STRATEGY.
(a) Strategy.--The President, in coordination with the Secretary of
State, the Administrator of the United States Agency for International
Development (``USAID''), the Secretary of Defense, and the heads of
other relevant Federal departments and agencies, shall establish a
comprehensive, integrated, ten-year strategy, to be referred to as the
``Global Fragility Strategy'', to contribute to the stabilization of
conflict-affected areas, address global fragility, and strengthen the
capacity of the United States to be an effective leader of
international efforts to prevent extremism and violent conflict. The
strategy shall focus on addressing long-term causes of fragility and
violence, and shall--
(1) consider the causes of fragility and violence at both
the local and national levels, the external actors that
reinforce and exploit such conditions, and successful
prevention strategies and their key features;
(2) include specific objectives and multisectoral
approaches to reduce fragility and the causes of violence,
including those that strengthen state-society relations, curb
extremist ideology, and make society less vulnerable to the
spread of extremism and violence;
(3) encourage and empower local and national actors to
address the concerns of their citizens, including those in
vulnerable communities, and build community resilience against
violence and extremism;
(4) address the long-term underlying causes of fragility
and violence through participatory, locally led programs,
empowering marginalized groups such as youth and women,
inclusive dialogues and conflict resolutions processes, justice
sector reform, good governance, inclusive and accountable
service delivery, and community policing and civilian security,
including by combatting impunity for security forces implicated
in violations of internationally recognized human rights and
other serious crimes;
(5) describe approaches that ensure national leadership
where appropriate and participatory engagement by civil society
and local partners in the design, implementation, and
monitoring of programs;
(6) assign roles for relevant Federal departments and
agencies to avoid duplication of efforts, while ensuring that--
(A) the Department of State is responsible for
leading the drafting and execution of the strategy,
establishing United States foreign policy, advancing
diplomatic and political efforts, and overseeing the
planning and implementation of security assistance and
related civilian security efforts;
(B) USAID is responsible for overseeing prevention
programs, and is the lead implementing agency for
development, humanitarian, and related non-security
program policy;
(C) activities undertaken or supported by the
Department of Defense in relation to the Global
Fragility Strategy are established through joint
formulation and with the concurrence of the Secretary
of State; and
(D) other relevant Federal departments and agencies
support the activities of the Department of State and
USAID as appropriate, with the concurrence of the
Secretary of State and the Administrator of the United
States Agency for International Development;
(7) describe programs that relevant Federal departments and
agencies will undertake to achieve the stated objectives,
including descriptions of existing programs and funding by
fiscal year and account;
(8) identify mechanisms to improve coordination between the
United States, foreign governments, and international
organizations, including the World Bank, the United Nations,
regional organizations, and private sector organizations;
(9) address efforts to expand public-private partnerships
and leverage private sector resources;
(10) describe the criteria, metrics, and mechanisms for
monitoring and evaluation of programs and objectives in the
strategy to ensure planning, implementation, and coordination
are appropriately executed and updated;
(11) describe how the strategy will ensure that programs
are country-led and context-specific; and
(12) identify mechanisms or activities to reduce the risk
that the programs, policies, or resources of the United States
and its partners will facilitate corruption, empower or abet
repressive local actors, or be exploited by extremists to gain
support for their cause.
(b) Stakeholder Consultation.--The Global Fragility Strategy
required under this section shall be developed in consultation with
representatives of civil society and national and local governance
entities in countries and regions described in section 505, as well as
relevant international development organizations with experience
implementing programs in fragile states, multilateral organizations and
donors, relevant private, academic, and philanthropic entities, and the
appropriate congressional committees.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report setting forth the strategy described
in subsection (a), which shall be submitted in unclassified form, but
may include a classified annex if necessary, and shall include, at a
minimum, the following elements:
(1) The objectives, general and specific, of the strategy.
(2) An identification of the relevant Federal departments
and agencies that will be involved and the assignment of
priorities to such departments and agencies.
(3) A description of the compact-based partnerships that
will be established to ensure local leadership of strategies,
policy, and programs, as well as mutual accountability for
results and resources needed to support such partnerships.
(4) An identification of the authorities, staffing, and
other requirements, as necessary and appropriate, needed to
effectively implement the Global Fragility Strategy.
(5) A description of the ways in which United States
leadership will be used to enhance overall international
prevention efforts, including through increasing the engagement
of the member states of the Group of Seven and Group of Twenty.
(6) An identification of which officials of the Department
of State, USAID, and the Department of Defense, with a rank not
lower than Assistant Secretary or Assistant Administrator, will
be responsible for leading and overseeing the strategy.
(7) A list of priority countries and regions selected
pursuant to section 505, including descriptions of the
rationale for such selections.
SEC. 505. SELECTION OF PRIORITY COUNTRIES AND REGIONS.
(a) In General.--The President, in coordination with the Secretary
of State, the Administrator of the United States Agency for
International Development, and the Secretary of Defense, and in
consultation with the appropriate congressional committees specified in
subsection (b), shall select certain countries as ``priority
countries'' and certain regions as ``priority regions'' for the purpose
of implementing the Global Fragility Strategy required under section
504--
(1) on the basis of--
(A) the national security interests of the United
States;
(B) clearly defined indicators of the levels of
violence or fragility in such country or region, such
as the country's or region's--
(i) ranking on recognized global fragility
lists, such as the Organization for Economic
Co-operation and Development States of
Fragility report, the Fund for Peace Fragile
States Index, the World Bank Harmonized List of
Fragile Situations, the Institute for Economics
and Peace Global Peace Index, and the Holocaust
Museum Early Warning Project Risk Assessment;
(ii) ranking on select United States
Government conflict and atrocity early warning
watch lists;
(iii) levels of violence, including
violence committed by armed groups, state
actors, and violent extremist organizations,
gender-based violence, and violence against
children and youth; and
(iv) vulnerability to rising sea levels,
flooding, drought, wildfires, desertification,
deforestation, food insecurity, and human
displacement; and
(C) an assessment of--
(i) the commitment and capacity of national
and sub-national government entities and civil
society partners in such country or region to
work with relevant Federal departments and
agencies on the Global Fragility Strategy,
including by demonstrating commitment to--
(I) improving inclusive,
transparent, and accountable power
structures, including effective,
legitimate, and resilient national and
sub-national institutions; and
(II) ensuring strong foundations
for human rights, rule of law, and
equal access to justice; and
(ii) the likelihood that United States
assistance under the Global Fragility Strategy
would measurably help to reduce fragility,
prevent the spread of extremism and violence,
and stabilize conflict-affected areas in each
such country or region; and
(2) in a manner that ensures that not fewer than five
countries or regions are selected, including not fewer than two
in which the priority will be preventing violent conflict and
fragility, rather than stabilizing ongoing conflicts.
(b) Consultation With Congress.--Prior to finalization of the
selection of priority countries and regions under subsection (a),
representatives from the Department of State, USAID, the Department of
Defense, and other relevant Federal departments and agencies, as
necessary and appropriate, shall brief the appropriate congressional
committees on the countries and regions being considered and shall
consider congressional input on such prioritization.
SEC. 506. PRIORITY COUNTRY AND REGIONAL PLANS.
Not later than one year after the date of the enactment of this
Act, the President, in coordination with the Secretary of State, the
Administrator of the United States Agency for International
Development, the Secretary of Defense, and the heads of other relevant
Federal departments and agencies, shall submit to the appropriate
congressional committees ten-year plans to align and integrate under
the Global Fragility Strategy established pursuant to section 504 all
relevant diplomatic, development, and security assistance and
activities of the United States Government with respect to each of the
countries and regions selected pursuant to section 505. Each such
country and regional plan shall include the following elements:
(1) Specific multi-year interagency plans for coordination
and implementation under each such plan.
(2) An up-to-date baseline analysis for each such country
or region, including an analysis of the conditions that
contribute to violence and fragility.
(3) Prioritized descriptions of the goals and objectives
for stabilizing conflict-affected areas, reducing fragility,
and preventing the spread of extremism and violence in each
such country.
(4) Descriptions of how and when the relevant goals,
objectives, plans, and benchmarks for each such country or
region will be incorporated into relevant United States country
or regional plans and strategies, including the National
Security Strategy of the United States, the Stabilization
Assistance Review, Department of State Integrated Country
Strategies, USAID Country Development Cooperation Strategies,
and Department of Defense Campaign Plans, Operational Plans,
and Regional Strategies, as well as any equivalent or successor
plans or strategies.
(5) Interagency plans to ensure that appropriate local
actors, including government and civil society entities, have
an appropriate ownership stake in developing, implementing,
monitoring, and evaluating relevant activities under each such
plan.
(6) Interagency plans to integrate existing and planned
security assistance and cooperation programs in each such
country or region with the strategy, and to mitigate risks
associated with such programs, including risks related to
corruption, governance, and human rights.
(7) Assessment, monitoring, and evaluation frameworks for
diplomatic, development, and security assistance and
activities, which shall be informed by consultations with the
stakeholders specified in section 504(b), with clear metrics
for each such country or region, as well as interagency plans
for using such frameworks to adapt such activities on a regular
basis.
(8) Descriptions of available policy tools and how such
tools will be used to reduce fragility, prevent the spread of
extremism and violence, and stabilize conflict-affected areas
in each such country or region.
(9) A description of how planning and implementation of
assistance under the Global Fragility Strategy for each such
country or region will be coordinated in a manner that
strengthens partnerships and leverages the unique expertise and
resources of the United States Government and--
(A) governments of such countries;
(B) international development organizations;
(C) relevant international donors;
(D) multilateral organizations; and
(E) the private sector.
(10) A regional component outlining plans to address
relevant transnational issues and how each such country is
affected by or at risk of regional fragility or violence.
(11) When a region is selected, a component outlining plans
to address factors at the individual country level that affect
regional fragility or violence.
SEC. 507. IMPLEMENTATION.
The President, in coordination with the Secretary of State, the
Administrator of the United States Agency for International
Development, the Secretary of Defense, the heads of other relevant
Federal departments and agencies, relevant United States ambassadors,
USAID mission directors, geographic combatant commanders, and other
relevant individuals with responsibility over activities in each
priority country or region selected pursuant to section 505, shall
ensure that--
(1) the Global Fragility Strategy required under section
504, including each of the country plans developed under
section 506, is implemented, updated, and coordinated on a
regular basis; and
(2) the strategy is used to guide United States Government
policy at a senior level and incorporated into relevant
strategies and plans across the United States Government such
that the activities of all relevant Federal departments and
agencies are consistent with the strategy.
SEC. 508. BIENNIAL REPORTS AND CONGRESSIONAL CONSULTATION.
(a) Biennial Reports.--Not later than two years after the
submission of the plans required in section 506, and every two years
thereafter until the date that is ten years after the date of
submission of such plans, the President, the Secretary of State, the
Administrator of the United States Agency for International
Development, the Secretary of Defense, and the heads of other relevant
Federal departments and agencies shall jointly submit to the
appropriate congressional committees an unclassified report, which may
include a classified annex, on progress made and lessons learned with
respect to implementation of the Global Fragility Strategy established
pursuant to section 504. The report shall include the following
elements:
(1) Descriptions of steps taken to incorporate the strategy
into any relevant, existing country and regional plans or
strategies.
(2) Accountings of all funding received and obligated to
implement each such country and regional plan during the
previous two years, and, to the extent feasible, projections of
funding to be requested, planned, and implemented for the
following two years.
(3) Descriptions of progress made towards achieving
specific targets, metrics, and indicators for each priority
country and region.
(4) Descriptions of any changes made to programs based on
the results of assessment, monitoring, and evaluation for each
priority country and region.
(b) Congressional Consultation.--The Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of Defense shall provide to any
appropriate congressional committee briefings on the implementation of
this title upon the request of any such committee.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) Prevention and Stabilization Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the
``Prevention and Stabilization Fund'' (in this subsection
referred to as ``The Fund''), to be administered by the
Department of State and USAID, as appropriate, to support
stabilization of conflict-affected areas and to mitigate
fragility, including through the Global Fragility Strategy
established pursuant to section 504, which shall replace the
Relief and Recovery Fund.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $200,000,000 for each of the
fiscal years 2020 through 2024.
(3) Purposes of the fund.--
(A) In general.--Amounts authorized to be
appropriated to the Fund shall be used--
(i) to support stabilization of conflict-
affected areas and prevent global fragility,
including through the Global Fragility Strategy
established pursuant to section 504; and
(ii) to provide assistance to areas
liberated or at risk from, or under the control
of, the Islamic State of Iraq and Syria, other
terrorist organizations, or violent extremist
organizations, including for stabilization
assistance for vulnerable ethnic and religious
minority communities affected by conflict.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund under this section are in
addition to any funds otherwise made available for the
purposes described in paragraph (1).
(4) Congressional notification.--Funds may not be obligated
under this section unless the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1) are notified of the amount and nature of
such proposed obligation at least 15 days in advance of such
proposed obligation, in accordance with the procedures
applicable to notifications regarding reprogrammings pursuant
to such section.
(b) Complex Crisis Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, which shall be known as the ``Complex
Crises Fund'' (in this subsection referred to as the ``Fund''),
to be administered by USAID, to support programs and activities
to prevent or respond to emerging or unforeseen events
overseas, including to support the Global Fragility Strategy
established pursuant to section 504.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $30,000,000 for each of the
fiscal years 2020 through 2024, which shall remain available
until expended.
(3) Purposes of the fund.--
(A) In general.--Notwithstanding any other
provision of law, except section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d), amounts in
the Fund may be used to carry out the provisions of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges
and complex crises overseas, including through the
Global Fragility Strategy established pursuant to
section 504.
(B) Amounts in addition.--Amounts authorized to be
appropriated to the Fund are in addition to any amounts
otherwise made available for the purposes described in
subparagraph (A).
(4) Limitations.--
(A) In general.--Amounts in the Fund may not be
expended for lethal assistance or to respond to natural
disasters.
(B) Administrative expenses.--Not more than five
percent of the amounts in the Fund may be used for
administrative expenses.
(5) Congressional notification.--The United States Agency
for International Development shall notify the appropriate
congressional committees not less than five days prior to the
obligation of amounts in the Fund.
(6) Waiver.--The notification requirement under paragraph
(5) may be waived if--
(A) notification by the deadline specified in such
paragraph would pose a substantial risk to human health
or welfare; and
(B) the appropriate congressional committees--
(i) are notified as early as practicable
but in no event later than three days after an
obligation of amounts from the Fund; and
(ii) are provided with an explanation of
the emergency circumstances that necessitated
such waiver.
SEC. 510. IMPROVING AND LEVERAGING ASSISTANCE FOR THE GLOBAL FRAGILITY
STRATEGY.
(a) Sense of Congress.--It is the sense of Congress that the
President, the Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of Defense,
and the heads of other relevant Federal departments and agencies
should--
(1) develop more adaptive and responsive policy and program
planning, implementation, and scaling under the Global
Fragility Strategy established pursuant to section 504, and
work with the appropriate congressional committees to identify
any legislative changes that may be necessary to support such
efforts;
(2) better integrate the strategy and other conflict and
violence reduction objectives and activities into other policy
and program areas, where appropriate; and
(3) support transparent and accountable multilateral funds,
initiatives, and strategies to enhance and better coordinate
private and public efforts to stabilize conflict-affected areas
and prevent violence and fragility globally.
(b) Other Funding and Cost Matching.--The Global Fragility Strategy
established pursuant to section 504--
(1) may, after consultation with the appropriate
congressional committees, be supported with funds other than
funds authorized to be appropriated pursuant to section 509;
and
(2) shall seek to leverage funds from sources other than
the United States Government in order to promote coordination
and cost-matching to the maximum extent practicable.
(c) Multi-donor Global Fragility Fund.--
(1) Authority.--Pursuant to sections 607 and 632 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2357 and 2392), and
consistent with subsection (b), and after consultation with the
appropriate congressional committees, the Secretary of State is
authorized to establish funding mechanisms, to include the
establishment of a Global Fragility Fund, to leverage, receive,
coordinate, and program funds provided by other donors and
private sector partners to carry out the purposes of this
title.
(2) Purposes.--A funding mechanism established pursuant to
paragraph (1) should--
(A) include input from and participation by key
bilateral and multilateral donors, representatives of
civil society, relevant nongovernmental organizations
and private sector entities, and developing countries
where fragility threatens to exacerbate violent
extremism and undermine development;
(B) enhance donor coordination and cooperation;
(C) advance clearly defined goals, objectives, and
metrics for monitoring, evaluating, and measuring
progress; and
(D) focus on strengthening national and local good
governance and conflict resolution capacity in fragile
and conflict-affected areas over the long-term through
comprehensive, compact-based agreements that support
country-led strategies.
(3) Congressional notification.--Funds may not be obligated
under this section except in consultation with the appropriate
congressional committees and subject to the notification of
such committees of the amount and proposed uses of such funds
at least 15 days in advance of such proposed obligation.
SEC. 511. RULE OF CONSTRUCTION.
Nothing in this title shall be construed as a declaration of war or
an authorization for the use of military force.
TITLE VI--COMBATING WILDLIFE TRAFFICKING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Rescuing Animals With Rewards Act
of 2019'' or the ``RAWR Act''.
SEC. 602. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Wildlife trafficking is a major transnational crime
that is estimated to generate over $10 billion a year in
illegal profits and which is increasingly perpetrated by
organized, sophisticated criminal enterprises, including known
terrorist organizations.
(2) Wildlife trafficking not only threatens endangered
species worldwide, but also jeopardizes local security, spreads
disease, undermines rule of law, fuels corruption, and damages
economic development.
(3) Combating wildlife trafficking requires a coordinated
and sustained approach at the global, regional, national, and
local levels.
(4) Congress stated in the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 that it is the policy
of the United States to take immediate actions to stop the
illegal global trade in wildlife and wildlife products and
associated transnational organized crime.
(b) Sense of Congress.--It is the sense of Congress that the
Department of State's rewards program is a powerful tool in combating
sophisticated international crime and that the Department of State and
Federal law enforcement should work in concert to offer rewards that
target wildlife traffickers.
SEC. 603. WILDLIFE TRAFFICKING PREVENTION AWARDS PROGRAM.
Subparagraph (B) of section 36(k)(5) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended by inserting
``wildlife trafficking (as defined by section 2(12) of the Eliminate,
Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C.
7601(12); Public Law 114-231)) and'' after ``includes''.
TITLE VII--CHAMPIONING AMERICAN BUSINESS THROUGH DIPLOMACY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Championing American Business
Through Diplomacy Act of 2019''.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) According to the 2017 National Security Strategy of the
United States of America, ``Retaining our position as the
world's preeminent economic actor strengthens our ability to
use the tools of economic diplomacy for the good of Americans
and others.''.
(2) A November 7, 2018, cable from Secretary of State
Michael R. Pompeo to all diplomatic and consular posts--
``Boosting Commercial Diplomacy Around the World''--stated that
``helping American companies is a foreign policy priority. .
.Promoting broad-based, responsible, and sustainable economic
growth helps to stabilize regions and creates new and growing
markets for U.S. companies. A transparent and level playing
field for U.S. investment in these countries counters real and
growing challenges such as China's Belt and Road initiative.''.
(3) In the January-February 2019 issue of The Foreign
Service Journal, Ambassador Barbara Stephenson, the President
of the American Foreign Service Association, wrote, ``Foreign
Service support for American business. . .is a major reason why
the U.S. Foreign Service was created.''.
SEC. 703. ECONOMIC DIPLOMACY WITHIN THE DEPARTMENT OF STATE.
Subsection (c) of section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for economic and business
matters.--
``(A) In general.--Subject to the numerical
limitation specified in paragraph (1), there is
authorized to be established in the Department of State
an Assistant Secretary of State who shall be
responsible to the Secretary of State for matters
pertaining to international economics and business
matters in the conduct of foreign policy.
``(B) Matters contemplated.--The matters referred
to in subparagraph (A) include the following:
``(i) International trade and investment
policy.
``(ii) International finance, economic
development, and debt policy.
``(iii) Economic sanctions and combating
terrorist financing.
``(iv) International transportation policy.
``(v) Support for United States businesses.
``(vi) Economic policy analysis and private
sector outreach.
``(vii) International data privacy and
innovation policies.
``(viii) Such other related duties as the
Secretary may from time to time designate.''.
SEC. 704. CHIEF OF MISSION RESPONSIBILITIES.
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is
amended by adding at the end the following new subsection:
``(d) Promotion of United States Economic Interests.--Each chief of
mission to a foreign country shall have as a principal duty the
promotion of United States economic and commercial interests in such
country.''.
SEC. 705. INCREASED TRAINING IN ECONOMIC AND COMMERCIAL DIPLOMACY.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended by adding at the end the following new subsection:
``(d) Economic and Commercial Diplomacy.--The Secretary of State,
with the assistance of other relevant officials and the private sector,
shall establish as part of the standard training provided for economic
and commercial officers of the Foreign Service, chiefs of mission, and
deputy chiefs of mission, training on matters related to economic and
commercial diplomacy, with particular attention to market access and
other elements of an enabling framework for United States businesses,
commercial advocacy, and United States foreign economic policy, in
addition to awareness about the support of the United States Government
available to United States businesses, including support provided by
the Department of Agriculture, the Department of Commerce, the Export-
Import Bank of the United States, the Millennium Challenge Corporation,
the Trade and Development Agency, the Department of the Treasury, the
United States Agency for International Development, and the United
States International Development Finance Corporation.''.
SEC. 706. REPORT FROM EACH MISSION ON MATTERS OF COMMERCIAL RELATIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and annually thereafter, the chief of mission at
each bilateral diplomatic mission of the United States and the Director
of the American Institute in Taiwan shall submit to the Secretary of
State mission plans that include the following:
(1) Data and other information regarding actions taken by
each such mission or Institute during the previous year to
foster commercial relations and safeguard United States
economic and business interests in the country or region in
which each such chief of mission and the Director serves.
(2) Each such mission's and Institute's anticipated
economic and commercial priorities for the coming year.
(b) Report to Congress.--The Secretary of State, after receiving
the information required under subsection (a), shall submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report, disaggregated by
country or region, on activities and initiatives, including with
appropriate examples, to create an enabling environment and otherwise
promote United States economic and business interests in each such
country or region, as well as information about significant foreign
competition to United States businesses in the relevant country or
region, including state-directed investments by foreign governments and
United States strategic competitors in such country or region.
SEC. 707. CONSOLIDATED REPORT ON UNIFIED INVESTMENT CLIMATE STATEMENT
AND COUNTRY COMMERCIAL GUIDE.
(a) In General.--The Secretary of State and the Secretary of
Commerce shall jointly produce and make publicly available on a United
States Government internet website an annual country- and region-
specific report regarding commercial relations with foreign countries
and regions and safeguarding United States economic and business
interests abroad, including with regard to United States exports and
investments, including by small- and medium-size enterprises.
(b) Matters To Be Included.--Each report required under subsection
(a) shall include the following with respect to each country or region
covered by each such report:
(1) Information about doing business in each country or
region.
(2) Background information about each country's or region's
political environment.
(3) Information about selling United States products and
services in each country or region.
(4) Leading sectors for United States exports and
investment in each country or region.
(5) Information about trade regulations, customs, and
standards in each country or region, such as--
(A) information on import tariffs; and
(B) documentation about which United States
businesses should be aware when exporting, including
any prohibited items or temporary entry procedures.
(6) Investment climate statements describing each country's
or region's openness to foreign investments, such as
information relating to each country's or region's--
(A) investment policies;
(B) market barriers;
(C) business risks;
(D) legal and regulatory system, including dispute
resolution;
(E) level of public and private sector corruption;
(F) level of political violence and instability;
(G) adherence to internationally recognized core
labor standards; and
(H) protection of property rights.
(7) Information about trade and project financing in each
country or region, such as each country's or region's--
(A) banking and financial system, and how United
States businesses typically get paid;
(B) foreign exchange controls; and
(C) important sources of funding for project
financing.
(8) Relevant business travel information and business
customs in each country or region.
(9) Information about services and personnel of the
diplomatic mission of the United States available to United
States businesses to support their activities in each country
or region.
(10) Any significant trade or commercial agreement that
exists between the United States and each country or region.
(11) A point of contact at the diplomatic or consular
mission of the United States in each country or region for
United States businesses.
(c) Rule of Construction.--Nothing in this section may be construed
to require the duplication of existing reports.
SEC. 708. WHOLE-OF-GOVERNMENT COORDINATION AND CONSULTATION TO SUPPORT
UNITED STATES ECONOMIC AND BUSINESS INTERESTS.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, the Secretary of Commerce, the Secretary of the Treasury,
and the United States Trade Representative, shall have primary
responsibility for coordinating a whole-of-government effort to expand
United States efforts in supporting United States economic and business
interests abroad. The Secretary may delegate responsibilities under
this Act to a senior, Senate-confirmed Department of State official.
(b) Responsibilities.--The Secretary shall--
(1) chair the interagency coordinating committee
established under subsection (c);
(2) develop and implement the joint strategic plan required
under subsection (c)(4) for all United States trade-related and
trade capacity building and related technical assistance
programs, in consultation with the coordinating committee
established under subsection (c);
(3) advise the Federal departments and agencies designated
by the President to participate in the interagency coordinating
committee under this section in identifying the most needed and
effective ways for United States diplomatic and consular posts
and the departments and agencies that staff such posts to
support the expansion of United States trade relations with
host governments;
(4) consult with the private sector in the development of
government-wide trade expansion efforts, including establishing
a point of contact and lead office within the Department of
State to receive private-sector recommendations and comments
concerning trade capacity assistance, coordination,
consultations, and country-specific issues;
(5) consult with the Office of Management and Budget
regarding the administrative and human resources needs that may
be required to implement the provisions of this title; and
(6) brief Congress on trade capacity building programs and
make recommendations, as appropriate, to Congress for
improvements in trade capacity building efforts.
(c) Economic Diplomacy Action Group.--
(1) Establishment.--The President shall establish an
interagency coordinating committee, to be known as the
``Economic Diplomacy Action Group'', to coordinate and carry
out the purposes of this section.
(2) Leadership.--The Group shall be chaired by the
Secretary of State and the vice-chairs shall be the United
States Trade Representative and the Secretary of Commerce. The
Secretaries and the United States Trade Representative may
delegate responsibilities under this Act to appropriate,
senior, Senate-confirmed officials.
(3) Membership.--The President may appoint to the Group
senior officials from the United States Agency for
International Development, the Department of Agriculture, the
Department of the Treasury, the Export-Import Bank, the United
States Development Finance Corporation, and any such other
relevant executive branch department or agency as the President
determines to be substantially involved in trade capacity
building and related assistance efforts in developing
countries.
(4) Development of joint strategic plan.--The Group shall
develop a joint strategic plan for all United States capacity
building and technical assistance programs.
(d) Diplomacy Trade Expansion Advisory Committee.--
(1) Establishment of teac.--The Chair and Vice-Chairs of
the Economic Diplomacy Action Group shall establish a trade
expansion advisory committee with selected representatives of
the United States private sector and other organizations,
including labor organizations, with direct and relevant
operational experience in importing from and exporting into
developing countries, as appropriate, to provide comment and
advice on priorities for trade expansion initiatives. The Chair
and Vice-Chairs of the Group may also appoint representatives
from select non-profit organizations to the advisory committee
if such representatives can demonstrate both a presence in and
relevant operational or programmatic experience with trade
capacity building efforts in developing countries.
(2) Meetings.--The trade expansion advisory committee shall
convene at least twice annually or more often as necessary at
the call of the Chair and Vice-Chairs of the Group.
(3) Strategic planning advice.--The trade expansion
advisory committee shall advise the Chair and Vice-Chairs of
the Group on ways that embassies can better support the United
States private sector abroad, including assisting the Chair and
Vice-Chairs--
(A) in soliciting private-sector advice;
(B) with respect to implementation of strategic
planning; and
(C) in advancing the overall mission and goals of
United States national security.
SEC. 709. PRIVATE SECTOR CONSULTATION AND COORDINATION.
(a) Consultation With Private Sector by Embassy.--In developing the
priorities for trade expansion initiatives described in section 708(d),
embassy mission teams shall convene local representatives of the United
States private sector and the private sector of host countries to
consult on issues affecting trade at the borders of such countries and
take into account the private sector's operational expertise and
experience confronting the trade barriers in such countries as well as
its recommendations for reform and best practices.
(b) Inclusion of Private-sector Comments in Mission Plans.--Written
comments from local United States private sector representatives shall
be included in the trade expansion component of mission plans submitted
by the chief of mission to the Secretary of State, with recommendations
and comments from the mission team, for the purpose of informing the
development of the joint strategic plan on trade expansion priorities
required pursuant to section 708(c)(4) and recommended funding for the
implementation of such plan.
(c) Designated Embassy Point of Contact for Private Sector
Consultation.--Each chief of mission shall designate an appropriate
point of contact within the embassy who shall receive recommendations
from appropriate private sector representatives regarding the
implementation of the strategic plan required under section 708(c)(4)
and ongoing trade barriers negatively impacting priority trade
expansion. The chief of mission shall ensure that the designated point
of contact shall be reasonably available for consultations with
appropriate private sector representatives and to receive
recommendations with respect to country-specific issues that may arise
that will foreseeably disrupt trade.
(d) Requirement to Protect Business Confidential Information.--
(1) In general.--The Secretary of State, Secretary of
Commerce, and United States Trade Representative as well as the
heads of all other agencies involved in the Economic Diplomacy
Action Group established under section 708(c) shall protect
from disclosure any proprietary information submitted by any
private sector representative and marked as ``business
confidential information'', unless the party submitting the
confidential business information had notice, at the time of
submission, that such information would be released by the head
of any such department or agency, or such party subsequently
consents to the release of the information. To the extent
business confidential information is provided, a non-
confidential version of the information shall also be provided,
in which the business confidential information is summarized
or, if necessary, deleted.
(2) Treatment as trade secrets.--Proprietary information
submitted by a private party in accordance with this Act shall
be considered to be a matter falling within the meaning of
trade secrets and commercial or financial information exemption
under section 552(b)(4) of title 5, United States Code, and
shall be exempt from disclosure without the express approval of
the private party.
SEC. 710. IMPROVING AWARENESS OF UNITED STATES GOVERNMENT TOOLS AND
SERVICES TO SUPPORT UNITED STATES BUSINESSES OVERSEAS.
The Secretary of State and the Secretary of Commerce shall take
actions to improve the awareness of United States businesses with
respect to United States Government tools and services to assist such
businesses overseas, especially small and medium-sized enterprises,
including by coordinating with State trade agencies, Export Assistance
Centers, and Small Businesses Development Centers.
SEC. 711. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on United States economic and commercial diplomacy.
(b) Matters To Be Included.--The report required under subsection
(a) shall include an assessment of the following:
(1) What is known about the effectiveness of United States
economic and commercial diplomacy in influencing foreign
governments and supporting United States businesses abroad.
(2) Coordination between the Department of State and the
Department of Commerce with respect to United States economic
and commercial diplomacy.
(3) The effectiveness of training provided pursuant to
subsection (d) of section 708 of the Foreign Service Act of
1980 (as added by section 705 of this title) on matters
relating to economic and commercial diplomacy.
(4) The status and effectiveness of actions taken by the
Secretary of State under section 710 of this title regarding
commercial relations with foreign countries and regions and
safeguarding United States economic and business interests
abroad.
(5) The status of the U.S. Commercial Service of the
Department of Commerce and its effectiveness in advancing the
economic and business interests of the United States abroad.
(6) The status of the Foreign Service economics officers
and their effectiveness in advancing the economic and business
interests of the United States abroad.
(7) Recommendations to improve United States economic and
commercial diplomacy.
TITLE VIII--UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
REAUTHORIZATION
SEC. 801. SHORT TITLE.
This title may be cited as the ``United States Commission on
International Religious Freedom Reauthorization Act of 2019''.
SEC. 802. REAUTHORIZATION.
Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``2019'' and inserting ``2022''.
SEC. 803. COMPOSITION OF COMMISSION.
Section 201 of the International Religious Freedom Act of 1998 (22
U.S.C. 6431) is amended--
(1) in subsection (b)(2)--
(A) by striking ``(A) In general.--''; and
(B) by striking subparagraph (B);
(2) by amending subsection (d) to read as follows:
``(d) Election of Chair and Vice Chair.--At the first meeting of
the Commission after May 30 of each year, a majority of the members of
the Commission who are present and voting shall elect a Chair and a
Vice Chair. The Vice Chair shall have been appointed by an officeholder
from a different political party than the officeholder who appointed
the member of the Commission who was elected Chair. The positions of
Chair and Vice Chair shall be rotated annually between members who were
appointed to the Commission by officeholders of different political
parties.'';
(3) in subsection (f), by striking ``Country Report on
Human Rights Practices'' and inserting ``International
Religious Freedom Report''; and
(4) by adding at the end the following:
``(j) Removal.--If a payment is made under section 415(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) for an
award or settlement in connection with a claim alleging a violation of
unlawful harassment, intimidation, reprisal, or discrimination under
the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)
that was committed personally by an individual who, at the time of
committing the violation, was a Member of the Commission, the Member
shall be removed from the Commission.''.
SEC. 804. DUTIES AND POWERS OF THE COMMISSION.
(a) Duties.--Section 202(e) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432) is amended--
(1) by striking ``The Commission'' and inserting the
following:
``(1) In general.--The Commission''; and
(2) by adding at the end the following:
``(2) Tracking; review.--The Commission shall regularly--
``(A) track the implementation by the United States
Government of the recommendations it makes under
paragraph (1); and
``(B) review, to the extent practicable, the
effectiveness of such implemented recommendations in
advancing religious freedom internationally.''.
(b) Powers.--Section 203(e) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432a(e)) is amended by adding at the end the
following: ``If a Member of the Commission is invited to speak at an
event in his or her capacity as a Commissioner, the Member shall
provide notice of the request to all Commissioners and the Executive
Director as soon as the Commissioner becomes aware of such invitation.
Speeches and responses to questions at official events shall reflect
the views of the Commission. Official speeches and other prepared
materials shall be made available to all Commissioners in advance of
the event. If a Commissioner is speaking in his or her private
capacity, he or she shall include qualifying language that the views
they are representing are his or her own views and not the views of the
Commission.''.
SEC. 805. COMMISSION PERSONNEL MATTERS.
(a) In General.--Section 204 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432b) is amended--
(1) in subsection (b)--
(A) by striking ``fix the compensation of the
Executive Director and other personnel'' and inserting
``provide reasonable compensation to the Executive
Director'';
(B) by striking ``and other personnel may not
exceed the rate payable for level V of the Executive
Schedule under section 5316'' and inserting ``may not
exceed the rate payable under level II of the Executive
Schedule under section 5313''; and
(C) by adding at the end the following: ``The rate
of pay for other personnel of the Commission may not
exceed the rate payable for level IV of the Executive
Schedule under section 5315 of such title. All
employees of the Commission shall otherwise be treated
as employees whose pay is disbursed by the Secretary of
the Senate, including for purposes of applying the
Standing Rules of the Senate. The Commission shall be
treated as an employing office of the Senate.'';
(2) in subsection (f), by striking ``the commission, for
the executive director'' and inserting ``the Commission, for
the Executive Director''; and
(3) by striking subsection (g).
(b) Coverage of Commission Employees.--Section 101(b) of the
Congressional Accountability Act (2 U.S.C. 1301(b)) is amended--
(1) in paragraph (1), by inserting ``the United States
Commission on International Religious Freedom,'' after ``With
respect to'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' before ``Subject to
paragraph (3),''; and
(C) by adding at the end the following:
``(B) Legal assistance and representation under
this chapter, including assistance and representation
with respect to the proposal or acceptance of the
disposition of a claim under this chapter, shall be
provided to the United States Commission on
International Religious Freedom by the Office of Senate
Chief Counsel for Employment of the Senate, in the case
of assistance and representation in connection with a
claim filed under subchapter IV (including all
subsequent proceedings under such subchapter in
connection with such claim).''; and
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) the term `United States Commission on
International Religious Freedom' means the Commission
established under section 201 of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.).''.
SEC. 806. COMMISSION TRAVEL AND ANNUAL DISCLOSURES.
(a) Duties.--Section 201(i) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6431(i)) is amended by striking ``are subject
to'' and inserting ``shall comply with''.
(b) Powers.--Section 203(f) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432a(f)) is amended--
(1) by striking ``The Members of the Commission'' and
inserting the following:
``(1) In general.--The Members of the Commission''; and
(2) by adding at the end the following:
``(2) Prohibition against payment of official travel by
non-federal sources.--Members of the Commission and Commission
staff may not accept payment from a non-Federal source for
expenses related to official travel on behalf of the
Commission.''.
(c) Annual Disclosures.--Section 203 of the International Religious
Freedom Act of 1998, as amended by subsection (b), is further amended
by adding at the end the following:
``(g) Annual Disclosures.--Not later than March 1 of each year,
each Member of the Commission shall submit a report to the appropriate
congressional committees (as defined in section 4(a) of the United
States Commission on International Religious Freedom Reauthorization
Act of 2015 (22 U.S.C. 6433a(a)) with respect to the most recently
concluded 12-month period, that discloses any travel by the Member
outside of the United States that was paid for or reimbursed by a
person or entity other than the Member, a relative of the Member, or
the Federal Government, including--
``(1) who paid for or reimbursed the travel;
``(2) a good faith estimate of the cost of the travel, if
the travel was funded by a person or entity that does not
employ the Member; and
``(3) brief details of the travel and events related to
such travel.''.
SEC. 807. STRATEGIC PLAN.
Section 4(d) of the United States Commission on International
Religious Freedom Reauthorization Act of 2015 (22 U.S.C. 6433a(d)) is
amended by striking ``Not later than 180 days after the date of the
enactment of the Act, and not less frequently than biennially
thereafter'' and inserting ``Not later than 180 days after the date of
the enactment of this Act, and every 2 years thereafter''.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6435(a)) is amended by striking ``2016 to 2019'' and
inserting ``2019 through 2022''.
SEC. 809. RECORD RETENTION.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended by adding at the end the following:
``(f) Commission Records.--The Commission shall comply with all of
the records management requirements set forth in chapter 31 of title
44, United States Code (commonly referred to as the `Federal Records
Act of 1950').
``(g) Official Email for Commission Business.--When conducting any
Commission business on electronic accounts, Commission Members and
staff shall use official Commission electronic accounts.''.
TITLE IX--OTHER MATTERS
SEC. 901. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR DEPARTMENT OF STATE
PERSONNEL UNDER CHIEF OF MISSION AUTHORITY.
(a) Adjustment of Compensation for Certain Injuries.--
(1) Increase.--The Secretary of State may pay an additional
monthly monetary benefit, provided that the covered employee is
receiving benefits under section 8105 or 8106 of title 5,
United States Code, and may determine the amount of each
monthly monetary benefit amount by taking into account--
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered employee
became injured; and
(C) the seniority of the covered employee,
particularly for purposes of compensating for lost
career growth.
(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation increased
under paragraph (1) may not exceed the monthly pay of the
maximum rate of basic pay for GS-15 of the General Schedule
under section 5332 of such title.
(b) Costs for Treating Qualifying Injuries.--The Secretary of State
may pay the costs of or reimburse for diagnosing and treating--
(1) a qualifying injury of a covered employee for such
costs, that are not otherwise covered by chapter 81 of title 5,
United States Code, or other provision of Federal law; or
(2) a covered individual, or a covered dependent, for such
costs that are not otherwise covered by Federal law.
(c) Information Exchange.--To avoid duplicate or otherwise improper
payments under this subsection, the Secretary of Labor and the
Secretary of State shall exchange information about the amounts paid
for treatment of qualifying injuries.
(d) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of this section; and
(2) submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives such regulations.
(e) Definitions.--In this section:
(1) Covered dependent.--The term ``covered dependent''
means a family member (as defined by the Secretary of State) of
a employee who, on or after January 1, 2016--
(A) accompanies the employee to an assigned duty
station in a foreign country under chief of mission
authority; and
(B) becomes injured by reason of a qualifying
injury.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of State who, on or after January
1, 2016, becomes injured by reason of a qualifying injury and
was assigned to a duty station in the Republic of Cuba, the
People's Republic of China, or another foreign country
designated by the Secretary of State pursuant to subsection
(f).
(3) Covered individual.--The term ``covered individual''
means an individual who, on or after January 1, 2016, becomes
injured by reason of a qualifying injury and is--
(A) detailed to a duty station in the Republic of
Cuba, the People's Republic of China, or another
foreign country designated by the Secretary of State
pursuant to subsection (f); or
(B) affiliated with the Department of State, as
determined by the Secretary of State.
(4) Qualifying injury.--The term ``qualifying injury''
means the following:
(A) With respect to a covered dependent, an injury
incurred--
(i) during a period in which the covered
dependent is accompanying an employee to an
assigned duty station in the Republic of Cuba,
the People's Republic of China, or another
foreign country designated by the Secretary of
State pursuant to subsection (f);
(ii) in connection with war, insurgency,
hostile act, terrorist activity, or other
incident designated by the Secretary of State;
and
(iii) that was not the result of the
willful misconduct of the covered dependent.
(B) With respect to a covered employee or a covered
individual, an injury incurred--
(i) during a period of assignment to a duty
station in the Republic of Cuba, the People's
Republic of China, or another country
designated by the Secretary of State pursuant
to subsection (f);
(ii) in connection with war, insurgency,
hostile act, terrorist activity, or other
incident designated by the Secretary of State;
and
(iii) that was not the result of the
willful misconduct of the covered employee or
the covered individual.
(f) Designation by the Secretary of State of Another Foreign
Country or Duty Station.--The Secretary of State may designate another
foreign country for the purposes of this section, provided that the
Secretary reports such designation to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives, and includes in such report a rationale for
each such designation. The Secretary of State may not designate an
added foreign country or duty station for purposes of providing
additional monetary benefit pursuant to subsection (a) or (b) for a
qualifying injury to covered employees, covered dependents, or covered
individuals under this section unless the Secretary of State--
(1) provides to the Committees on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives 30 days' notice of the designation of a
particular additional country or duty station and the rationale
for such addition; and
(2) provides no such additional monetary benefit pursuant
to subsection (a) or (b) to covered employees, covered
dependents, or covered individuals for a qualifying injury
until the 30-day notice period expires, unless there is written
agreement by both the Chair and Ranking Members of both the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives that there
is no objection to proceeding with provision of such monetary
benefit compensation in less than 30 days.
(g) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this section
shall be treated as amounts described in subsection (a)(5) of such
section.
(h) Application.--
(1) In general.--This section shall apply with respect to--
(A) payments made to covered employees (as defined
in such section) under section 8105 or 8106 of title 5,
United States Code, beginning on or after January 1,
2016; and
(B) diagnosis or treatment described in subsection
(b) occurring on or after January 1, 2016.
(2) Rule of construction.--Nothing in this section shall
modify or otherwise supersede chapter 81 of title 5, or chapter
11 of title 42 United States Code. Monetary benefits and
treatment expenses paid under this section shall not be
considered payments under any workers' compensation law.
SEC. 902. DECLASSIFICATION OF INFORMATION RELATED TO CERTAIN ACTIONS BY
SAUDI ARABIAN OFFICIALS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation, in coordination
with the Director of National Intelligence, shall declassify, with any
redactions necessary to protect intelligence sources and methods, any
and all information related to whether the Government of Saudi Arabia
materially assisted or facilitated any citizen or national of Saudi
Arabia in departing from the United States while the citizen or
national was awaiting trial or sentencing for a criminal offense
committed in the United States.
SEC. 903. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF TERRORISM.
(a) Short Title.--This section may be cited as the Promoting
Security and Justice for Victims of Terrorism Act of 2019.
(b) Facilitation of the Settlement of Terrorism-related Claims of
Nationals of the United States.--
(1) Comprehensive process to facilitate the resolution of
anti-terrorism act claims.--The Secretary of State, in
consultation with the Attorney General, shall, not later than
30 days after the date of enactment of this Act, develop and
initiate a comprehensive process for the Department of State to
facilitate the resolution and settlement of covered claims.
(2) Elements of comprehensive process.--The comprehensive
process developed under paragraph (1) shall include, at a
minimum, the following:
(A) Not later than 45 days after the date of
enactment of this Act, the Department of State shall
publish a notice in the Federal Register identifying
the method by which a national of the United States, or
a representative of a national of the United States,
who has a covered claim, may contact the Department of
State to give notice of the covered claim.
(B) Not later than 120 days after the date of
enactment of this Act, the Secretary of State, or a
designee of the Secretary, shall meet (and make every
effort to continue to meet on a regular basis
thereafter) with any national of the United States, or
a representative of a national of the United States,
who has a covered claim and has informed the Department
of State of the covered claim using the method
established pursuant to subparagraph (A) to discuss the
status of the covered claim, including the status of
any settlement discussions with the Palestinian
Authority or the Palestine Liberation Organization.
(C) Not later than 180 days after the date of
enactment of this Act, the Secretary of State, or a
designee of the Secretary, shall make every effort to
meet (and make every effort to continue to meet on a
regular basis thereafter) with representatives of the
Palestinian Authority and the Palestine Liberation
Organization to discuss the covered claims identified
pursuant to subparagraph (A) and potential settlement
of the covered claims.
(3) Report to congress.--The Secretary of State shall, not
later than 240 days after the date of enactment of this Act,
and annually thereafter for 5 years, submit to the Committee on
the Judiciary and the Committee on Foreign Relations of the
Senate and the Committee on the Judiciary and the Committee on
Foreign Affairs of the House of Representatives a report
describing activities that the Department of State has
undertaken to comply with this subsection, including specific
updates regarding subparagraphs (B) and (C) of paragraph (2).
(4) Sense of congress.--It is the sense of Congress that--
(A) covered claims should be resolved in a manner
that provides just compensation to the victims;
(B) covered claims should be resolved and settled
in favor of the victim to the fullest extent possible
and without subjecting victims to unnecessary or
protracted litigation;
(C) the United States Government should take all
practicable steps to facilitate the resolution and
settlement of all covered claims, including engaging
directly with the victims or their representatives and
the Palestinian Authority and the Palestine Liberation
Organization; and
(D) the United States Government should strongly
urge the Palestinian Authority and the Palestine
Liberation Organization to commit to good-faith
negotiations to resolve and settle all covered claims.
(5) Definition.--In this subsection, the term ``covered
claim'' means any pending action by, or final judgment in favor
of, a national of the United States, or any action by a
national of the United States dismissed for lack of personal
jurisdiction, under section 2333 of title 18, United States
Code, against the Palestinian Authority or the Palestine
Liberation Organization.
(c) Jurisdictional Amendments to Facilitate Resolution of
Terrorism-related Claims of Nationals of the United States.--
(1) In general.--Section 2334(e) of title 18, United States
Code, is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), for
purposes of any civil action under section 2333 of this title,
a defendant shall be deemed to have consented to personal
jurisdiction in such civil action if, regardless of the date of
the occurrence of the act of international terrorism upon which
such civil action was filed, the defendant--
``(A) after the date that is 120 days after the
date of the enactment of the Promoting Security and
Justice for Victims of Terrorism Act of 2019, makes any
payment, directly or indirectly--
``(i) to any payee designated by any
individual who, after being fairly tried or
pleading guilty, has been imprisoned for
committing any act of terrorism that injured or
killed a national of the United States, if such
payment is made by reason of such imprisonment;
or
``(ii) to any family member of any
individual, following such individual's death
while committing an act of terrorism that
injured or killed a national of the United
States, if such payment is made by reason of
the death of such individual; or
``(B) after 15 days after the date of enactment of
the Promoting Security and Justice for Victims of
Terrorism Act of 2019--
``(i) continues to maintain any office,
headquarters, premises, or other facilities or
establishments in the United States;
``(ii) establishes or procures any office,
headquarters, premises, or other facilities or
establishments in the United States; or
``(iii) conducts any activity while
physically present in the United States on
behalf of the Palestine Liberation Organization
or the Palestinian Authority.'';
(B) in paragraph (2), by adding at the end the
following: ``Except with respect to payments described
in paragraph (1)(A), no court may consider the receipt
of any assistance by a nongovernmental organization,
whether direct or indirect, as a basis for consent to
jurisdiction by a defendant.''; and
(C) by adding at the end the following:
``(3) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), no
court may consider--
``(A) any office, headquarters, premises, or other
facility or establishment used exclusively for the
purpose of conducting official business of the United
Nations;
``(B) any activity undertaken exclusively for the
purpose of conducting official business of the United
Nations;
``(C) any activity involving officials of the
United States that the Secretary of State determines is
in the national interest of the United States if the
Secretary reports to the appropriate congressional
committees annually on the use of the authority under
this subparagraph;
``(D) any activity undertaken exclusively for the
purpose of meetings with officials of the United States
or other foreign governments, or participation in
training and related activities funded or arranged by
the United States Government;
``(E) any activity related to legal
representation--
``(i) for matters related to activities
described in this paragraph;
``(ii) for the purpose of adjudicating or
resolving claims filed in courts of the United
States; or
``(iii) to comply with this subsection; or
``(F) any personal or official activities conducted
ancillary to activities listed under this paragraph.
``(4) Rule of construction.--Notwithstanding any other law
(including any treaty), any office, headquarters, premises, or
other facility or establishment within the territory of the
United States that is not specifically exempted by paragraph
(3)(A) shall be considered to be in the United States for
purposes of paragraph (1)(B).
``(5) Defined term.--In this subsection, the term
`defendant' means--
``(A) the Palestinian Authority;
``(B) the Palestine Liberation Organization;
``(C) any organization or other entity that is a
successor to or affiliated with the Palestinian
Authority or the Palestine Liberation Organization; or
``(D) any organization or other entity that--
``(i) is identified in subparagraph (A),
(B), or (C); and
``(ii) self identifies as, holds itself out
to be, or carries out conduct in the name of,
the `State of Palestine' or `Palestine' in
connection with official business of the United
Nations.''.
(2) Prior consent not abrogated.--The amendments made by
this subsection shall not abrogate any consent deemed to have
been given under section 2334(e) of title 18, United States
Code, as in effect on the day before the date of enactment of
this Act.
(d) Rules of Construction; Applicability; Severability.--
(1) Rules of construction.--
(A) In general.--This section, and the amendments
made by this section, should be liberally construed to
carry out the purposes of Congress to provide relief
for victims of terrorism.
(B) Cases against other persons.--Nothing in this
section may be construed to affect any law or
authority, as in effect on the day before the date of
enactment of this Act, relating to a case brought under
section 2333(a) of title 18, United States Code,
against a person who is not a defendant, as defined in
paragraph (5) of section 2334(e) of title 18, United
States Code, as added by subsection (c)(1) of this
section.
(2) Applicability.--This section, and the amendments made
by this section, shall apply to any case pending on or after
August 30, 2016.
(3) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held to
be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of such
provisions to any person or circumstance shall not be affected
thereby.
SEC. 904. DEBT RELIEF FOR SOMALIA.
(a) Debt Relief.--(1) Of the funds appropriated under titles III
and IV of division G of this Act and under such titles in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, not to exceed $35,000,000 may be transferred to
the ``Department of the Treasury, Debt Restructuring'' account for the
same purposes and under the same authorities and conditions (other than
the period of availability) as other funds provided under that heading
for the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of modifying loans and loan guarantees, as the President may
determine, or for the cost of selling, reducing, or cancelling amounts
owed to the United States as a result of loans made to Somalia, in the
event that Somalia meets the domestic and internationally-agreed
conditions and the transfer is consistent with United States law and
foreign policy considerations.
(2) For the purposes of this section, no amounts may be transferred
from amounts designated for Overseas Contingency Operations/Global War
on Terrorism or as emergency requirements pursuant to a concurrent
resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(3) Prior to the initial obligation of funds made available
pursuant to this section, the Secretary of State shall submit to the
appropriate congressional committees a report on the outcome of the
Paris Club meeting on debt cancellation for Somalia, the estimate of
amounts needed and over what time period, and the proposed sources of
funds to be transferred pursuant to this section: Provided, That such
funds shall also be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of
such committees.
(b) Debt Restructuring.--Section 501(i) of title V of H.R. 3425, as
enacted into law by section 1000(a)(5) of Public Law 106-113 (113 Stat.
1501A-313), as most recently amended by section 699H(b)(1) of division
J of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2372), is further amended by striking ``2000-2010'' and inserting
``2000-2021''.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
DIVISION K--NATIONAL LAW ENFORCEMENT MUSEUM COMMEMORATIVE COIN
SEC. 101. SHORT TITLE.
This division may be cited as the ``National Law Enforcement Museum
Commemorative Coin Act''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum Act
(Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc., to build the National
Law Enforcement Museum on Federal land in the District of
Columbia to honor and commemorate the service and sacrifice of
law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial in
Judiciary Square.
(3) The National Law Enforcement Museum formally opened in
October of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary
service and sacrifice of America's law enforcement
officers;
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their
footsteps, and between America's peace officers and the
public they serve;
(C) increase public understanding and support for
law enforcement and to promote law enforcement safety;
and
(D) strengthen the relationship between law
enforcement and the communities they serve with
thought-provoking programs at the Museum and around the
country that promote dialogue on topics of current
interest.
SEC. 103. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coin:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 104. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Law Enforcement Museum
and the service and sacrifice of law enforcement officers
throughout the history of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 105. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--Only one facility of the United States Mint
may be used to strike any particular quality of the coins minted under
this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2021.
SEC. 106. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 107(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 107. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Law Enforcement Officers Memorial Fund, Inc.,
for educational and outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial Fund,
Inc., shall be subject to the audit requirements of section 5134(f)(2)
of title 31, United States Code, with regard to the amounts received
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual two commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 108. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 107 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
DIVISION L--DHS CYBER HUNT AND INCIDENT RESPONSE TEAMS
SEC. 101. SHORT TITLE.
This division may be cited as the ``DHS Cyber Hunt and Incident
Response Teams Act of 2019''.
SEC. 102. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND INCIDENT
RESPONSE TEAMS.
(a) In General.--Section 2209 of the Homeland Security Act of 2002
(6 U.S.C. 659) is amended--
(1) in subsection (d)(1)(B)(iv), by inserting ``, including
cybersecurity specialists'' after ``entities'';
(2) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(3) by inserting after subsection (e) the following:
``(f) Cyber Hunt and Incident Response Teams.--
``(1) In general.--The Center shall maintain cyber hunt and
incident response teams for the purpose of leading Federal
asset response activities and providing timely technical
assistance to Federal and non-Federal entities, including
across all critical infrastructure sectors, regarding actual or
potential security incidents, as appropriate and upon request,
including--
``(A) assistance to asset owners and operators in
restoring services following a cyber incident;
``(B) identification and analysis of cybersecurity
risk and unauthorized cyber activity;
``(C) mitigation strategies to prevent, deter, and
protect against cybersecurity risks;
``(D) recommendations to asset owners and operators
for improving overall network and control systems
security to lower cybersecurity risks, and other
recommendations, as appropriate; and
``(E) such other capabilities as the Secretary
determines appropriate.
``(2) Associated metrics.--The Center shall--
``(A) define the goals and desired outcomes for
each cyber hunt and incident response team; and
``(B) develop metrics--
``(i) to measure the effectiveness and
efficiency of each cyber hunt and incident
response team in achieving the goals and
desired outcomes defined under subparagraph
(A); and
``(ii) that--
``(I) are quantifiable and
actionable; and
``(II) the Center shall use to
improve the effectiveness and
accountability of, and service delivery
by, cyber hunt and incident response
teams.
``(3) Cybersecurity specialists.--After notice to, and with
the approval of, the entity requesting action by or technical
assistance from the Center, the Secretary may include
cybersecurity specialists from the private sector on a cyber
hunt and incident response team.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (1), by inserting ``, or any team
or activity of the Center,'' after ``Center''; and
(B) in paragraph (2), by inserting ``, or any team
or activity of the Center,'' after ``Center''.
(b) Report.--
(1) Definitions.--In this subsection--
(A) the term ``Center'' means the national
cybersecurity and communications integration center
established under section 2209(b) of the Homeland
Security Act of 2002 (6 U.S.C. 659(b));
(B) the term ``cyber hunt and incident response
team'' means a cyber hunt and incident response team
maintained under section 2209(f) of the Homeland
Security Act of 2002 (6 U.S.C. 659(f)), as added by
this Act; and
(C) the term ``incident'' has the meaning given the
term in section 2209(a) of the Homeland Security Act of
2002 (6 U.S.C. 659(a)).
(2) Report.--At the conclusion of each of the first 4
fiscal years after the date of enactment of the DHS Cyber Hunt
and Incident Response Teams Act of 2019, the Center shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of
the House of Representatives a report that includes--
(A) information relating to the metrics used for
evaluation and assessment of the cyber hunt and
incident response teams and operations under section
2209(f)(2) of the Homeland Security Act of 2002 (6
U.S.C. 659(f)(2)), as added by this Act, including the
resources and staffing of those cyber hunt and incident
response teams; and
(B) for the period covered by the report--
(i) the total number of incident response
requests received;
(ii) the number of incident response
tickets opened; and
(iii) a statement of--
(I) all interagency staffing of
cyber hunt and incident response teams;
and
(II) the interagency collaborations
established to support cyber hunt and
incident response teams.
(c) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out the requirements of this Act
and the amendments made by this Act. Such requirements shall be carried
out using amounts otherwise authorized to be appropriated.
DIVISION M--BIPARTISAN AMERICAN MINERS
SEC. 101. SHORT TITLE.
This division may be cited as the ``Bipartisan American Miners Act
of 2019''.
SEC. 102. TRANSFERS TO 1974 UMWA PENSION PLAN.
(a) In General.--Subsection (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is
amended--
(1) in paragraph (3)(A), by striking ``$490,000,000'' and
inserting ``$750,000,000'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Additional amounts.--
``(A) Calculation.--If the dollar limitation
specified in paragraph (3)(A) exceeds the aggregate
amount required to be transferred under paragraphs (1)
and (2) for a fiscal year, the Secretary of the
Treasury shall transfer an additional amount equal to
the difference between such dollar limitation and such
aggregate amount to the trustees of the 1974 UMWA
Pension Plan to pay benefits required under that plan.
``(B) Cessation of transfers.--The transfers
described in subparagraph (A) shall cease as of the
first fiscal year beginning after the first plan year
for which the funded percentage (as defined in section
432(j)(2) of the Internal Revenue Code of 1986) of the
1974 UMWA Pension Plan is at least 100 percent.
``(C) Prohibition on benefit increases, etc.--
During a fiscal year in which the 1974 UMWA Pension
Plan is receiving transfers under subparagraph (A), no
amendment of such plan which increases the liabilities
of the plan by reason of any increase in benefits, any
change in the accrual of benefits, or any change in the
rate at which benefits become nonforfeitable under the
plan may be adopted unless the amendment is required as
a condition of qualification under part I of subchapter
D of chapter 1 of the Internal Revenue Code of 1986.
``(D) Critical status to be maintained.--Until such
time as the 1974 UMWA Pension Plan ceases to be
eligible for the transfers described in subparagraph
(A)--
``(i) the Plan shall be treated as if it
were in critical status for purposes of
sections 412(b)(3), 432(e)(3), and
4971(g)(1)(A) of the Internal Revenue Code of
1986 and sections 302(b)(3) and 305(e)(3) of
the Employee Retirement Income Security Act;
``(ii) the Plan shall maintain and comply
with its rehabilitation plan under section
432(e) of such Code and section 305(e) of such
Act, including any updates thereto; and
``(iii) the provisions of subsections (c)
and (d) of section 432 of such Code and
subsections (c) and (d) of section 305 of such
Act shall not apply.
``(E) Treatment of transfers for purposes of
withdrawal liability under erisa.--The amount of any
transfer made under subparagraph (A) (and any earnings
attributable thereto) shall be disregarded in
determining the unfunded vested benefits of the 1974
UMWA Pension Plan and the allocation of such unfunded
vested benefits to an employer for purposes of
determining the employer's withdrawal liability under
section 4201 of the Employee Retirement Income Security
Act of 1974.
``(F) Requirement to maintain contribution rate.--A
transfer under subparagraph (A) shall not be made for a
fiscal year unless the persons that are obligated to
contribute to the 1974 UMWA Pension Plan on the date of
the transfer are obligated to make the contributions at
rates that are no less than those in effect on the date
which is 30 days before the date of enactment of the
Bipartisan American Miners Act of 2019.
``(G) Enhanced annual reporting.--
``(i) In general.--Not later than the 90th
day of each plan year beginning after the date
of enactment of the Bipartisan American Miners
Act of 2019, the trustees of the 1974 UMWA
Pension Plan shall file with the Secretary of
the Treasury or the Secretary's delegate and
the Pension Benefit Guaranty Corporation a
report (including appropriate documentation and
actuarial certifications from the plan actuary,
as required by the Secretary of the Treasury or
the Secretary's delegate) that contains--
``(I) whether the plan is in
endangered or critical status under
section 305 of the Employee Retirement
Income Security Act of 1974 and section
432 of the Internal Revenue Code of
1986 as of the first day of such plan
year;
``(II) the funded percentage (as
defined in section 432(j)(2) of such
Code) as of the first day of such plan
year, and the underlying actuarial
value of assets and liabilities taken
into account in determining such
percentage;
``(III) the market value of the
assets of the plan as of the last day
of the plan year preceding such plan
year;
``(IV) the total value of all
contributions made during the plan year
preceding such plan year;
``(V) the total value of all
benefits paid during the plan year
preceding such plan year;
``(VI) cash flow projections for
such plan year and either the 6 or 10
succeeding plan years, at the election
of the trustees, and the assumptions
relied upon in making such projections;
``(VII) funding standard account
projections for such plan year and the
9 succeeding plan years, and the
assumptions relied upon in making such
projections;
``(VIII) the total value of all
investment gains or losses during the
plan year preceding such plan year;
``(IX) any significant reduction in
the number of active participants
during the plan year preceding such
plan year, and the reason for such
reduction;
``(X) a list of employers that
withdrew from the plan in the plan year
preceding such plan year, and the
resulting reduction in contributions;
``(XI) a list of employers that
paid withdrawal liability to the plan
during the plan year preceding such
plan year and, for each employer, a
total assessment of the withdrawal
liability paid, the annual payment
amount, and the number of years
remaining in the payment schedule with
respect to such withdrawal liability;
``(XII) any material changes to
benefits, accrual rates, or
contribution rates during the plan year
preceding such plan year;
``(XIII) any scheduled benefit
increase or decrease in the plan year
preceding such plan year having a
material effect on liabilities of the
plan;
``(XIV) details regarding any
funding improvement plan or
rehabilitation plan and updates to such
plan;
``(XV) the number of participants
and beneficiaries during the plan year
preceding such plan year who are active
participants, the number of
participants and beneficiaries in pay
status, and the number of terminated
vested participants and beneficiaries;
``(XVI) the information contained
on the most recent annual funding
notice submitted by the plan under
section 101(f) of the Employee
Retirement Income Security Act of 1974;
``(XVII) the information contained
on the most recent Department of Labor
Form 5500 of the plan; and
``(XVIII) copies of the plan
document and amendments, other
retirement benefit or ancillary benefit
plans relating to the plan and
contribution obligations under such
plans, a breakdown of administrative
expenses of the plan, participant
census data and distribution of
benefits, the most recent actuarial
valuation report as of the plan year,
copies of collective bargaining
agreements, and financial reports, and
such other information as the Secretary
of the Treasury or the Secretary's
delegate, in consultation with the
Secretary of Labor and the Director of
the Pension Benefit Guaranty
Corporation, may require.
``(ii) Electronic submission.--The report
required under clause (i) shall be submitted
electronically.
``(iii) Information sharing.--The Secretary
of the Treasury or the Secretary's delegate
shall share the information in the report under
clause (i) with the Secretary of Labor.
``(iv) Penalty.--Any failure to file the
report required under clause (i) on or before
the date described in such clause shall be
treated as a failure to file a report required
to be filed under section 6058(a) of the
Internal Revenue Code of 1986, except that
section 6652(e) of such Code shall be applied
with respect to any such failure by
substituting `$100' for `$25'. The preceding
sentence shall not apply if the Secretary of
the Treasury or the Secretary's delegate
determines that reasonable diligence has been
exercised by the trustees of such plan in
attempting to timely file such report.
``(H) 1974 umwa pension plan defined.--For purposes
of this paragraph, the term `1974 UMWA Pension Plan'
has the meaning given the term in section 9701(a)(3) of
the Internal Revenue Code of 1986, but without regard
to the limitation on participation to individuals who
retired in 1976 and thereafter.''.
(b) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to fiscal years beginning after September 30, 2016.
(2) Reporting requirements.--Section 402(i)(4)(G) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(i)(4)(G)), as added by this section, shall apply to plan
years beginning after the date of the enactment of this Act.
SEC. 103. INCLUSION IN MULTIEMPLOYER HEALTH BENEFIT PLAN.
Section 402(h)(2)(C) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended--
(1) by striking ``the Health Benefits for Miners Act of
2017'' both places it appears in clause (ii) and inserting
``the Bipartisan American Miners Act of 2019'';
(2) by striking ``, would be denied or reduced as a result
of a bankruptcy proceeding commenced in 2012 or 2015'' in
clause (ii)(II) and inserting ``or a related coal wage
agreement, would be denied or reduced as a result of a
bankruptcy proceeding commenced in 2012, 2015, 2018, or 2019'';
(3) by striking ``and'' at the end of clause (ii)(I), by
striking the period at the end of clause (ii)(II) and inserting
``; and'', and by inserting after clause (ii)(II) the following
new subclause:
``(III) the cost of administering
the resolution of disputes process
administered (as of the date of the
enactment of the Bipartisan American
Miners Act of 2019) by the Trustees of
the Plan.'',
(4) by striking ``January 1, 2017'' in clause (ii) and
inserting ``January 1, 2019''; and
(5) by adding at the end the following new clause:
``(vi) Related coal wage agreement.--For
purposes of clause (ii), the term `related coal
wage agreement' means an agreement between the
United Mine Workers of America and an employer
in the bituminous coal industry that--
``(I) is a signatory operator; or
``(II) is or was a debtor in a
bankruptcy proceeding that was
consolidated, administratively or
otherwise, with the bankruptcy
proceeding of a signatory operator or a
related person to a signatory operator
(as those terms are defined in section
9701(c) of the Internal Revenue Code of
1986).''.
SEC. 104. REDUCTION IN MINIMUM AGE FOR ALLOWABLE IN-SERVICE
DISTRIBUTIONS.
(a) In General.--Section 401(a)(36) of the Internal Revenue Code of
1986 is amended by striking ``age 62'' and inserting ``age 59\1/2\''.
(b) Application to Governmental Section 457(b) Plans.--Clause (i)
of section 457(d)(1)(A) of the Internal Revenue Code of 1986 is amended
by inserting ``(in the case of a plan maintained by an employer
described in subsection (e)(1)(A), age 59\1/2\)'' before the comma at
the end.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2019.
DIVISION N--HEALTH AND HUMAN SERVICES EXTENDERS
TITLE I--HEALTH AND HUMAN SERVICES EXTENDERS
Subtitle A--Medicare Provisions
Sec. 101. Extension of the work geographic index floor under the
Medicare program.
Sec. 102. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 103. Extension of funding outreach and assistance for low-income
programs.
Sec. 104. Extension of appropriations to the Patient-Centered Outcomes
Research Trust Fund; extension of certain
health insurance fees.
Sec. 105. Laboratory Access for Beneficiaries.
Sec. 106. Exclusion of complex rehabilitative manual wheelchairs from
medicare competitive acquisition program;
non-application of medicare fee-schedule
adjustments for certain wheelchair
accessories and cushions.
Sec. 107. Extending pass-through status for certain drugs under part B
of the Medicare program.
Sec. 108. Hematopoietic stem cell acquisition payments.
Subtitle B--Medicaid Provisions
Sec. 201. Extension of Community Mental Health Services demonstration
program.
Sec. 202. Medicaid funding for the territories.
Sec. 203. Delay of DSH reductions.
Sec. 204. Extension of spousal impoverishment protections.
Sec. 205. Extension of the Money Follows the Person rebalancing
demonstration program.
Subtitle C--Human Services and Other Health Programs
Sec. 301. Extension of demonstration projects to address health
professions workforce needs.
Sec. 302. Extension of the temporary assistance for needy families
program and related programs.
Sec. 303. Extension of sexual risk avoidance education program.
Sec. 304. Extension of personal responsibility education program.
Subtitle D--Public Health Provisions
Sec. 401. Extension for community health centers, the national health
service corps, and teaching health centers
that operate GME programs.
Sec. 402. Diabetes programs.
Sec. 403. Poison Center Network Enhancement.
Sec. 404. Kay Hagan Tick Act.
Subtitle E--Revenue Provisions
Sec. 501. Repeal of medical device excise tax.
Sec. 502. Repeal of annual fee on health insurance providers.
Sec. 503. Repeal of excise tax on high cost employer-sponsored health
coverage.
Subtitle F--Miscellaneous Provisions
Sec. 601. Alaska native regional health entities.
Sec. 602. Addressing expiration of child welfare demonstration projects
and supporting Family First implementation.
Sec. 603 Minimum age of sale of tobacco products.
Sec. 604. Sale of tobacco products to individuals under the age of 21.
Sec. 605. Biological product definition.
Sec. 606. Protecting access to biological products.
Sec. 607. Streamlining the transition of biological products.
Sec. 608. Reenrollment of certain individuals in qualified health plans
in certain Exchanges.
Sec. 609. Protection of silver loading practice.
Sec. 610. Actions for delays of generic drugs and biosimilar biological
products.
Subtitle A--Medicare Provisions
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 1, 2020'' and inserting
``May 23, 2020''.
SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
AND SELECTION.
(a) In General.--Section 1890(d)(2) of the Social Security Act (42
U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence, by striking ``$1,665,000 for the
period beginning on October 1, 2019, and ending on December 20,
2019'' and inserting ``$4,830,000 for the period beginning on
October 1, 2019, and ending on May 22, 2020''; and
(2) in the third sentence, by striking ``December 20,
2019,'' and inserting ``May 22, 2020''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Further Continuing
Appropriations Act, 2020, and Further Health Extenders Act of 2019
(Public Law 116-69).
SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) Additional Funding for State Health Insurance Programs.--
Subsection (a)(1)(B) of section 119 of the Medicare Improvements for
Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended
by section 3306 of the Patient Protection and Affordable Care Act
(Public Law 111-148), section 610 of the American Taxpayer Relief Act
of 2012 (Public Law 112-240), section 1110 of the Pathway for SGR
Reform Act of 2013 (Public Law 113-67), section 110 of the Protecting
Access to Medicare Act of 2014 (Public Law 113-93), section 208 of the
Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114-
10), section 50207 of division E of the Bipartisan Budget Act of 2018
(Public Law 115-123), section 1402 of the Continuing Appropriations
Act, 2020, and Health Extenders Act of 2019 (Public Law 116-59), and
section 1402 of the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019 (Public Law 116-69), is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on
December 21, 2019, and ending on May 22, 2020,
of $5,485,000.''.
(b) Additional Funding for Area Agencies on Aging.--Subsection
(b)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on
December 21, 2019, and ending on May 22, 2020,
of $3,165,000.''.
(c) Additional Funding for Aging and Disability Resource Centers.--
Subsection (c)(1)(B) of such section 119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on
December 21, 2019, and ending on May 22, 2020,
of $2,110,000.''.
(d) Additional Funding for Contract With the National Center for
Benefits and Outreach Enrollment.--Subsection (d)(2) of such section
119, as so amended, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xi) the following new
clause:
``(xii) for the period beginning on
December 21, 2019, and ending on May 22, 2020,
of $5,063,000.''.
SEC. 104. EXTENSION OF APPROPRIATIONS TO THE PATIENT-CENTERED OUTCOMES
RESEARCH TRUST FUND; EXTENSION OF CERTAIN HEALTH
INSURANCE FEES.
(a) In General.--Section 9511 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting after subparagraph (E) the
following new subparagraph:
``(F) For each of fiscal years 2020 through 2029--
``(i) an amount equivalent to the net
revenues received in the Treasury from the fees
imposed under subchapter B of chapter 34
(relating to fees on health insurance and self-
insured plans) for such fiscal year; and
``(ii) the applicable amount (as defined in
paragraph (4)) for the fiscal year.''; and
(ii) by striking ``and (E)(ii)'' in the
last sentence and inserting ``(E)(ii), and
(F)(ii)''; and
(B) by adding at the end the following new
paragraph:
``(4) Applicable amount defined.--In paragraph (1)(F)(ii),
the term `applicable amount' means--
``(A) for fiscal year 2020, $275,500,000;
``(B) for fiscal year 2021, $285,000,000;
``(C) for fiscal year 2022, $293,500,000;
``(D) for fiscal year 2023, $311,500,000;
``(E) for fiscal year 2024, $320,000,000;
``(F) for fiscal year 2025, $338,000,000;
``(G) for fiscal year 2026, $355,500,000;
``(H) for fiscal year 2027, $363,500,000;
``(I) for fiscal year 2028, $381,000,000; and
``(J) for fiscal year 2029, $399,000,000.'';
(2) in subsection (d)(2)(A), by striking ``2019'' and
inserting ``2029''; and
(3) in subsection (f), by striking ``December 20, 2019''
and inserting ``September 30, 2029''.
(b) Health Insurance Policies.--Section 4375(e) of the Internal
Revenue Code of 1986 is amended by striking ``2019'' and inserting
``2029''.
(c) Self-insured Health Plans.--Section 4376(e) of the Internal
Revenue Code of 1986 is amended by striking ``2019'' and inserting
``2029''.
(d) Identification of Research Priorities.--Subsection (d)(1)(A) of
section 1181 of the Social Security Act (42 U.S.C. 1320e) is amended by
adding at the end the following: ``Such national priorities shall
include research with respect to intellectual and developmental
disabilities and maternal mortality. Such priorities should reflect a
balance between long-term priorities and short-term priorities, and be
responsive to changes in medical evidence and in health care
treatments.''.
(e) Consideration of Full Range of Outcomes Data.--Subsection
(d)(2) of such section 1181 is amended by adding at the end the
following subparagraph:
``(F) Consideration of full range of outcomes
data.--Research shall be designed, as appropriate, to
take into account and capture the full range of
clinical and patient-centered outcomes relevant to, and
that meet the needs of, patients, clinicians,
purchasers, and policy-makers in making informed health
decisions. In addition to the relative health outcomes
and clinical effectiveness, clinical and patient-
centered outcomes shall include the potential burdens
and economic impacts of the utilization of medical
treatments, items, and services on different
stakeholders and decision-makers respectively. These
potential burdens and economic impacts include medical
out-of-pocket costs, including health plan benefit and
formulary design, non-medical costs to the patient and
family, including caregiving, effects on future costs
of care, workplace productivity and absenteeism, and
healthcare utilization.''.
(f) Board Composition.--Subsection (f) of such section 1181 is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) in the matter preceding clause (i)--
(I) by striking ``Seventeen'' and
inserting ``At least nineteen, but no
more than twenty-one''; and
(II) by striking ``, not later than
6 months after the date of enactment of
this section,''; and
(ii) in clause (iii), by striking ``3'' and
inserting ``at least 3, but no more than 5'';
and
(2) in paragraph (3)--
(A) in the first sentence--
(i) by striking the ``the members'' and
inserting ``members''; and
(ii) by inserting the following before the
period at the end: ``to the extent necessary to
preserve the evenly staggered terms of the
Board.''; and
(B) by inserting the following after the first
sentence: ``Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term and thereafter
may be eligible for reappointment to a full term. A
member may serve after the expiration of that member's
term until a successor has been appointed.''.
(g) Methodology Committee Appointments.--Such section 1181 is
amended--
(1) in subsection (d)(6)(B), by striking ``Comptroller
General of the United States'' and inserting ``Board''; and
(2) in subsection (h)(4)--
(A) in subparagraph (A)(ii), by striking
``Comptroller General'' and inserting ``Board''; and
(B) in the first sentence of subparagraph (B), by
striking ``and of the Government Accountability
Office''.
(h) Reports by the Comptroller General of the United States.--
Subsection (g)(2)(A) of such section 1181 is amended--
(1) by striking clause (iv) and inserting the following:
``(iv) Not less frequently than every 5
years, the overall effectiveness of activities
conducted under this section and the
dissemination, training, and capacity building
activities conducted under section 937 of the
Public Health Service Act. Such review shall
include the following:
``(I) A description of those
activities and the financial
commitments related to research,
training, data capacity building, and
dissemination and uptake of research
findings.
``(II) The extent to which the
Institute and the Agency for Healthcare
Research and Quality have collaborated
with stakeholders, including provider
and payer organizations, to facilitate
the dissemination and uptake of
research findings.
``(III) An analysis of available
data and performance metrics, such as
the estimated public availability and
dissemination of research findings and
uptake and utilization of research
findings in clinical guidelines and
decision support tools, on the extent
to which such research findings are
used by health care decision-makers,
the effect of the dissemination of such
findings on changes in medical practice
and reducing practice variation and
disparities in health care, and the
effect of the research conducted and
disseminated on innovation and the
health care economy of the United
States.''; and
(2) by adding at the end the following new clause:
``(vi) Not less frequently than every 5
years, any barriers that researchers funded by
the Institute have encountered in conducting
studies or clinical trials, including
challenges covering the cost of any medical
treatments, services, and items described in
subsection (a)(2)(B) for purposes of the
research study.''.
SEC. 105. LABORATORY ACCESS FOR BENEFICIARIES.
(a) Amendments Relating to Reporting Requirements With Respect to
Clinical Diagnostic Laboratory Tests.--
(1) Revised reporting period for reporting of private
sector payment rates for establishment of medicare payment
rates.--Section 1834A(a) of the Social Security Act (42 U.S.C.
1395m-1(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``Beginning January 1,
2016'' and inserting the following:
``(A) General reporting requirements.--Subject to
subparagraph (B), beginning January 1, 2016'';
(ii) in subparagraph (A), as added by
subparagraph (A) of this paragraph, by
inserting ``(referred to in this subsection as
the `reporting period')'' after ``at a time
specified by the Secretary''; and
(iii) by adding at the end the following:
``(B) Revised reporting period.--In the case of
reporting with respect to clinical diagnostic
laboratory tests that are not advanced diagnostic
laboratory tests, the Secretary shall revise the
reporting period under subparagraph (A) such that--
``(i) no reporting is required during the
period beginning January 1, 2020, and ending
December 31, 2020;
``(ii) reporting is required during the
period beginning January 1, 2021, and ending
March 31, 2021; and
``(iii) reporting is required every three
years after the period described in clause
(ii).''; and
(B) in paragraph (4)--
(i) by striking ``In this section'' and
inserting the following:
``(A) In general.--Subject to subparagraph (B), in
this section''; and
(ii) by adding at the end the following:
``(B) Exception.--In the case of the reporting
period described in paragraph (1)(B)(ii) with respect
to clinical diagnostic laboratory tests that are not
advanced diagnostic laboratory tests, the term `data
collection period' means the period beginning January
1, 2019, and ending June 30, 2019.''.
(2) Corrections relating to phase-in of reductions from
private payor rate implementation.--Section 1834A(b)(3) of the
Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(A) in subparagraph (A), by striking ``through
2022'' and inserting ``through 2023''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``through
2019'' and inserting ``through 2020''; and
(ii) in clause (ii), by striking ``2020
through 2022'' and inserting ``2021 through
2023''.
(b) Study and Report by MedPAC.--
(1) In general.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct a study to review the methodology the Administrator of
the Centers for Medicare & Medicaid Services has implemented
for the private payor rate-based clinical laboratory fee
schedule under the Medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).
(2) Scope of study.--In carrying out the study described in
paragraph (1), the Commission shall consider the following:
(A) How best to implement the least burdensome data
collection process required under section 1834A(a)(1)
of such Act (42 U.S.C. 1395m-1(a)(1)) that would--
(i) result in a representative and
statistically valid data sample of private
market rates from all laboratory market
segments, including hospital outreach
laboratories, physician office laboratories,
and independent laboratories; and
(ii) consider the variability of private
payor payment rates across market segments.
(B) Appropriate statistical methods for estimating
rates that are representative of the market.
(3) Report to congress.--Not later than 18 months after the
date of the enactment of this Act, the Commission shall submit
to the Administrator, the Committee on Finance of the Senate,
and the Committees on Ways and Means and Energy and Commerce of
the House of Representatives a report that includes--
(A) conclusions about the methodology described in
paragraph (1); and
(B) any recommendations the Commission deems
appropriate.
SEC. 106. EXCLUSION OF COMPLEX REHABILITATIVE MANUAL WHEELCHAIRS FROM
MEDICARE COMPETITIVE ACQUISITION PROGRAM; NON-APPLICATION
OF MEDICARE FEE-SCHEDULE ADJUSTMENTS FOR CERTAIN
WHEELCHAIR ACCESSORIES AND CUSHIONS.
(a) Exclusion of Complex Rehabilitative Manual Wheelchairs From
Competitive Acquisition Program.--Section 1847(a)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-3(a)(2)(A)) is amended--
(1) by inserting ``, complex rehabilitative manual
wheelchairs (as determined by the Secretary), and certain
manual wheelchairs (identified, as of October 1, 2018, by HCPCS
codes E1235, E1236, E1237, E1238, and K0008 or any successor to
such codes)'' after ``group 3 or higher''; and
(2) by striking ``such wheelchairs'' and inserting ``such
complex rehabilitative power wheelchairs, complex
rehabilitative manual wheelchairs, and certain manual
wheelchairs''.
(b) Non-application of Medicare Fee Schedule Adjustments for
Wheelchair Accessories and Seat and Back Cushions When Furnished in
Connection With Complex Rehabilitative Manual Wheelchairs.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
during the period beginning on January 1, 2020, and ending on
June 30, 2021, use information on the payment determined under
the competitive acquisition programs under section 1847 of the
Social Security Act (42 U.S.C. 1395w-3) to adjust the payment
amount that would otherwise be recognized under section
1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii))
for wheelchair accessories (including seating systems) and seat
and back cushions when furnished in connection with complex
rehabilitative manual wheelchairs (as determined by the
Secretary), and certain manual wheelchairs (identified, as of
October 1, 2018, by HCPCS codes E1235, E1236, E1237, E1238, and
K0008 or any successor to such codes).
(2) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement this subsection by program
instruction or otherwise.
SEC. 107. EXTENDING PASS-THROUGH STATUS FOR CERTAIN DRUGS UNDER PART B
OF THE MEDICARE PROGRAM.
(a) In General.--Section 1833(t)(6) of the Social Security Act (42
U.S.C. 1395l(t)(6)) is amended--
(1) in subparagraph (E)(i), by striking ``2018'' and
inserting ``2018 or 2020''; and
(2) by adding at the end the following new subparagraph:
``(J) Additional pass-through extension and special
payment adjustment rule for certain diagnostic
radiopharmaceuticals.--In the case of a drug or
biological furnished in the context of a clinical study
on diagnostic imaging tests approved under a coverage
with evidence development determination whose period of
pass-through status under this paragraph concluded on
December 31, 2018, and for which payment under this
subsection was packaged into a payment for a covered
OPD service (or group of services) furnished beginning
January 1, 2019, the Secretary shall--
``(i) extend such pass-through status for
such drug or biological for the 9-month period
beginning on January 1, 2020;
``(ii) remove, during such period, the
packaged costs of such drug or biological (as
determined by the Secretary) from the payment
amount under this subsection for the covered
OPD service (or group of services) with which
it is packaged; and
``(iii) not make any adjustments to payment
amounts under this subsection for a covered OPD
service (or group of services) for which no
costs were removed under clause (ii).''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Service may implement the amendments
made by subsection (a) by program instruction or otherwise.
SEC. 108. HEMATOPOIETIC STEM CELL ACQUISITION PAYMENTS.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is
amended--
(1) in subsection (a)(4), in the second sentence, by
inserting ``for cost reporting periods beginning on or after
October 1, 2020, costs related to hematopoietic stem cell
acquisition for the purpose of an allogeneic hematopoietic stem
cell transplant (as described in subsection (d)(5)(M)),'' after
``October 1, 1987),'';
(2) in subsection (d)--
(A) in paragraph (4)(C)(iii)--
(i) by inserting ``or payments under
paragraph (5)(M) (beginning with fiscal year
2021)'' after ``fiscal year 1991)''; and
(ii) by inserting ``or payments under
paragraph (5)(M)'' before the period at the
end; and
(B) in paragraph (5), by adding at the end the
following new subparagraph:
``(M)(i) For cost reporting periods beginning on or after October
1, 2020, in the case of a subsection (d) hospital that furnishes an
allogeneic hematopoietic stem cell transplant to an individual during
such a period, payment to such hospital for hematopoietic stem cell
acquisition shall be made on a reasonable cost basis. The items
included in such hematopoietic stem cell acquisition shall be specified
by the Secretary through rulemaking.
``(ii) For purposes of this subparagraph, the term `allogeneic
hematopoietic stem cell transplant' means, with respect to an
individual, the intravenous infusion of hematopoietic cells derived
from bone marrow, peripheral blood stem cells, or cord blood, but not
including embryonic stem cells, of a donor to an individual that are or
may be used to restore hematopoietic function in such individual having
an inherited or acquired deficiency or defect.''.
Subtitle B--Medicaid Provisions
SEC. 201. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION
PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note) is amended by striking ``December 20, 2019'' and
inserting ``May 22, 2020''.
SEC. 202. MEDICAID FUNDING FOR THE TERRITORIES.
(a) Treatment of Cap.--Section 1108(g) of the Social Security Act
(42 U.S.C. 1308(g)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``subject to and section 1323(a)(2) of the
Patient Protection and Affordable Care Act paragraphs
(3) and (5)'' and inserting ``subject to section
1323(a)(2) of the Patient Protection and Affordable
Care Act and paragraphs (3) and (5)'';
(B) in subparagraph (A)--
(i) by striking ``Puerto Rico shall not
exceed the sum of'' and inserting ``Puerto Rico
shall not exceed--
``(i) except as provided in clause (ii),
the sum of'';
(ii) by striking ``$100,000;'' and
inserting ``$100,000; and''; and
(iii) by adding at the end the following
new clause:
``(ii) for each of fiscal years 2020
through 2021, the amount specified in paragraph
(6) for each such fiscal year;'';
(C) in subparagraph (B)--
(i) by striking ``the Virgin Islands shall
not exceed the sum of'' and inserting ``the
Virgin Islands shall not exceed--
``(i) except as provided in clause (ii),
the sum of'';
(ii) by striking ``$10,000;'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following
new clause:
``(ii) for each of fiscal years 2020
through 2021, $126,000,000;'';
(D) in subparagraph (C)--
(i) by striking ``Guam shall not exceed the
sum of'' and inserting ``Guam shall not
exceed--
``(i) except as provided in clause (ii),
the sum of'';
(ii) by striking ``$10,000;'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following
new clause:
``(ii) for each of fiscal years 2020
through 2021, $127,000,000;'';
(E) in subparagraph (D)--
(i) by striking ``the Northern Mariana
Islands shall not exceed the sum of'' and
inserting ``the Northern Mariana Islands shall
not exceed--
``(i) except as provided in clause (ii),
the sum of''; and
(ii) by adding at the end the following new
clause:
``(ii) for each of fiscal years 2020
through 2021, $60,000,000; and'';
(F) in subparagraph (E)--
(i) by striking ``American Samoa shall not
exceed the sum of'' and inserting ``American
Samoa shall not exceed--
``(i) except as provided in clause (ii),
the sum of'';
(ii) by striking ``$10,000.'' and inserting
``$10,000; and''; and
(iii) by adding at the end the following
new clause:
``(ii) for each of fiscal years 2020
through 2021, $84,000,000.''; and
(G) by adding at the end the following flush
sentence:
``For each fiscal year after fiscal year 2021, the total amount
certified for Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa under subsection
(f) and this subsection for the fiscal year shall be determined
as if the preceding subparagraphs were applied to each of
fiscal years 2020 through 2021 without regard to clause (ii) of
each such subparagraph.''; and
(2) by adding at the end the following new paragraphs:
``(6) Application to puerto rico for fiscal years 2020
through 2021.--
``(A) In general.--Subject to subparagraph (B), the
amount specified in this paragraph is--
``(i) for fiscal year 2020, $2,623,188,000;
and
``(ii) for fiscal year 2021,
$2,719,072,000.
``(B) Additional increase for puerto rico.--
``(i) In general.--For each of fiscal years
2020 through 2021, the amount specified in this
paragraph for the fiscal year shall be equal to
the amount specified for such fiscal year under
subparagraph (A) increased by $200,000,000 if
the Secretary certifies that, with respect to
such fiscal year, Puerto Rico's State plan
under title XIX (or a waiver of such plan)
establishes a reimbursement floor, implemented
through a directed payment arrangement plan,
for physician services that are covered under
the Medicare part B fee schedule in the Puerto
Rico locality established under section 1848(b)
that is not less than 70 percent of the payment
that would apply to such services if they were
furnished under part B of title XVIII during
such fiscal year.
``(ii) Application to managed care.--In
certifying whether Puerto Rico has established
a reimbursement floor under a directed payment
arrangement plan that satisfies the
requirements of clause (i)--
``(I) for fiscal year 2020, the
Secretary shall apply such requirements
to payments for physician services
under a managed care contract entered
into or renewed after the date of
enactment of this paragraph and
disregard payments for physician
services under any managed care
contract that was entered into prior to
such date; and
``(II) for each of fiscal years
2020 through 2021--
``(aa) the Secretary shall
disregard payments made under
sub-capitated arrangements for
services such as primary care
case management; and
``(bb) if the reimbursement
floor for physician services
applicable under a managed care
contract satisfies the
requirements of clause (i) for
the fiscal year in which the
contract is entered into or
renewed, such reimbursement
floor shall be deemed to
satisfy such requirements for
the subsequent fiscal year.
``(7) Puerto rico program integrity requirements.--
``(A) In general.--
``(i) Program integrity lead.--Not later
than 6 months after the date of enactment of
this paragraph, the agency responsible for the
administration of Puerto Rico's Medicaid
program under title XIX shall designate an
officer (other than the director of such
agency) to serve as the Program Integrity Lead
for such program.
``(ii) PERM requirement.--Not later than 18
months after the date of enactment of this
paragraph, Puerto Rico shall publish a plan,
developed by Puerto Rico in coordination with
the Administrator of the Centers for Medicare &
Medicaid Services and approved by the
Administrator, for how Puerto Rico will develop
measures to satisfy the payment error rate
measurement (PERM) requirements under subpart Q
of part 431 of title 42, Code of Federal
Regulations (or any successor regulation).
``(iii) Contracting reform.--Not later than
12 months after the date of enactment of this
paragraph, Puerto Rico shall publish a
contracting reform plan to combat fraudulent,
wasteful, or abusive contracts under Puerto
Rico's Medicaid program under title XIX that
includes--
``(I) metrics for evaluating the
success of the plan; and
``(II) a schedule for publicly
releasing status reports on the plan.
``(iv) MEQC.--Not later than 18 months
after the date of enactment of this paragraph,
Puerto Rico shall publish a plan, developed by
Puerto Rico in coordination with the
Administrator of the Centers for Medicare &
Medicaid Services and approved by the
Administrator, for how Puerto Rico will comply
with the Medicaid eligibility quality control
(MEQC) requirements of subpart P of part 431 of
title 42, Code of Federal Regulations (or any
successor regulation).
``(B) FMAP reduction for failure to meet additional
requirements.--
``(i) In general.--For each fiscal quarter
during the period beginning on January 1, 2020,
and ending on September 30, 2021:
``(I) For every clause under
subparagraph (A) with respect to which
Puerto Rico does not fully satisfy the
requirements described in the clause
(including requirements imposed under
the terms of a plan described in the
clause) in the fiscal quarter, the
Federal medical assistance percentage
applicable to Puerto Rico under section
1905(ff) shall be reduced by the number
of percentage points determined for the
clause and fiscal quarter under
subclause (II).
``(II) The number of percentage
points determined under this subclause
with respect to a clause under
subparagraph (A) and a fiscal quarter
shall be the number of percentage
points (not to exceed 2.5 percentage
points) equal to--
``(aa) 0.25 percentage
points; multiplied by
``(bb) the total number of
consecutive fiscal quarters for
which Puerto Rico has not fully
satisfied the requirements
described in such clause.
``(ii) Exception for extenuating
circumstances or reasonable progress.--For
purposes of clause (i), Puerto Rico shall be
deemed to have fully satisfied the requirements
of a clause under subparagraph (A) (including
requirements imposed under the terms of a plan
described in the clause) for a fiscal quarter
if--
``(I) the Secretary approves an
application from Puerto Rico describing
extenuating circumstances that
prevented Puerto Rico from fully
satisfying the requirements of the
clause; or
``(II) in the case of a requirement
imposed under the terms of a plan
described in a clause under
subparagraph (A), Puerto Rico has made
objectively reasonable progress towards
satisfying such terms and has submitted
a timely request for an exception to
the imposition of a penalty to the
Secretary.
``(8) Program integrity lead requirement for the virgin
islands, guam, the northern mariana islands, and american
samoa.--
``(A) Program integrity lead requirement.--Not
later than October 1, 2020, the agency responsible for
the administration of the Medicaid program under title
XIX of each territory specified in subparagraph (C)
shall designate an officer (other than the director of
such agency) to serve as the Program Integrity Lead for
such program.
``(B) FMAP reduction.--For each fiscal quarter
during fiscal year 2021, if the territory fails to
satisfy the requirement of subparagraph (A) for the
fiscal quarter, the Federal medical assistance
percentage applicable to the territory under section
1905(ff) for such fiscal quarter shall be reduced by
the number of percentage points (not to exceed 5
percentage points) equal to--
``(i) 0.25 percentage points; multiplied by
``(ii) the total number of fiscal quarters
during the fiscal year in which the territory
failed to satisfy such requirement.
``(C) Scope.--This paragraph shall apply to the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa.''.
(b) Treatment of Funding Under Enhanced Allotment Program.--Section
1935(e) of the Social Security Act (42 U.S.C. 1396u-5(e)) is amended--
(1) in paragraph (1)(B), by striking ``if the State'' and
inserting ``subject to paragraph (4), if the State'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) Treatment of funding for certain fiscal years.--
Notwithstanding paragraph (1)(B), in the case that Puerto Rico,
the Virgin Islands, Guam, the Northern Mariana Islands, or
American Samoa establishes and submits to the Secretary a plan
described in paragraph (2) with respect to any of fiscal years
2020 through 2021, the amount specified for such a year in
paragraph (3) for Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, or American Samoa, as the case may
be, shall be taken into account in applying, as applicable,
subparagraph (A)(ii), (B)(ii), (C)(ii), (D)(ii), or (E)(ii) of
section 1108(g)(2) for such year.''.
(c) Increased FMAP.--Subsection (ff) of section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended to read as follows:
``(ff) Temporary Increase in FMAP for Territories for Certain
Fiscal Years.--Notwithstanding subsection (b) or (z)(2)--
``(1) for the period beginning October 1, 2019, and ending
December 20, 2019, the Federal medical assistance percentage
for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa shall be equal to 100 percent;
``(2) subject to section 1108(g)(7)(C), for the period
beginning December 21, 2019, and ending September 30, 2021, the
Federal medical assistance percentage for Puerto Rico shall be
equal to 76 percent; and
``(3) subject to section 1108(g)(8)(B), for the period
beginning December 21, 2019, and ending September 30, 2021, the
Federal medical assistance percentage for the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa shall be
equal to 83 percent.''.
(d) Annual Report.--Section 1108(g) of the Social Security Act (42
U.S.C. 1308(g)), as amended by subsection (a), is further amended by
adding at the end the following new paragraph:
``(9) Annual report.--
``(A) In general.--Not later than the date that is
30 days after the end of each fiscal year (beginning
with fiscal year 2020 and ending with fiscal year
2021), in the case that a specified territory receives
a Medicaid cap increase, or an increase in the Federal
medical assistance percentage for such territory under
section 1905(ff), for such fiscal year, such territory
shall submit to the Chair and Ranking Member of the
Committee on Energy and Commerce of the House of
Representatives and the Chair and Ranking Member of the
Committee on Finance of the Senate a report, employing
the most up-to-date information available, that
describes how such territory has used such Medicaid cap
increase, or such increase in the Federal medical
assistance percentage, as applicable, to increase
access to health care under the State Medicaid plan of
such territory under title XIX (or a waiver of such
plan). Such report may include--
``(i) the extent to which such territory
has, with respect to such plan (or waiver)--
``(I) increased payments to health
care providers;
``(II) increased covered benefits;
``(III) expanded health care
provider networks; or
``(IV) improved in any other manner
the carrying out of such plan (or
waiver); and
``(ii) any other information as determined
necessary by such territory.
``(B) Definitions.--In this paragraph:
``(i) Medicaid cap increase.--The term
`Medicaid cap increase' means, with respect to
a specified territory and fiscal year, any
increase in the amounts otherwise determined
under this subsection for such territory for
such fiscal year by reason of the amendments
made by section 202 of division N of the
Further Consolidated Appropriations Act, 2020.
``(ii) Specified territory.--The term
`specified territory' means Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa.''.
(e) Application of Certain Data Reporting and Program Integrity
Requirements to Northern Mariana Islands, American Samoa, and Guam.--
(1) In general.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended by adding at the end the following
new subsection:
``(qq) Application of Certain Data Reporting and Program Integrity
Requirements to Northern Mariana Islands, American Samoa, and Guam.--
``(1) In general.--Not later than October 1, 2021, the
Northern Mariana Islands, American Samoa, and Guam shall--
``(A) demonstrate progress in implementing methods,
satisfactory to the Secretary, for the collection and
reporting of reliable data to the Transformed Medicaid
Statistical Information System (T-MSIS) (or a successor
system); and
``(B) demonstrate progress in establishing a State
medicaid fraud control unit described in section
1903(q).
``(2) Determination of progress.--For purposes of paragraph
(1), the Secretary shall deem that a territory described in
such paragraph has demonstrated satisfactory progress in
implementing methods for the collection and reporting of
reliable data or establishing a State medicaid fraud control
unit if the territory has made a good faith effort to implement
such methods or establish such a unit, given the circumstances
of the territory.''.
(2) Conforming amendment.--Section 1902(j) of the Social
Security Act (42 U.S.C. 1396a(j)) is amended--
(A) by striking ``or the requirement'' and
inserting ``, the requirement''; and
(B) by inserting before the period at the end the
following: ``, or the requirement under subsection
(qq)(1) (relating to data reporting)''.
(3) Reevaluation of waivers of medicaid fraud control unit
requirement.--
(A) In general.--Not later than the date that is 1
year after the date of enactment of this Act, the
Secretary of Health and Human Services shall reevaluate
any waiver approved (and in effect as of the date of
enactment of this Act) for Guam, the Northern Mariana
Islands, or American Samoa under subsection (a)(61) or
subsection (j) of section 1902 of the Social Security
Act (42 U.S.C.1396a) with respect to the requirement to
establish a State medicaid fraud control unit (as
described in section 1903(q) of such Act (42 U.S.C.
1396b(q))).
(B) Rule of construction.--Nothing in this
paragraph shall be construed as requiring the Secretary
of Health and Human Services to terminate or refuse to
extend a waiver described in subparagraph (A).
(f) Additional Program Integrity Requirements.--
(1) Definitions.--In this subsection:
(A) Inspector general.--The term ``Inspector
General'' means the Inspector General of the Department
of Health and Human Services.
(B) Puerto rico's medicaid program.--The term
``Puerto Rico's Medicaid program'' means, collectively,
Puerto Rico's State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) and any waiver of
such plan.
(2) Report on contracting oversight and approval.--Not
later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall issue, and
submit to the Chair and Ranking Member of the Committee on
Energy and Commerce of the House of Representatives and the
Chair and Ranking Member of the Committee on Finance of the
Senate, a report on contracting oversight and approval with
respect to Puerto Rico's State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of
such plan). Such report shall--
(A) examine--
(i) the process used by Puerto Rico to
evaluate bids and award contracts under such
plan (or waiver);
(ii) which contracts are not subject to
competitive bidding or requests for proposals
under such plan (or waiver); and
(iii) oversight by the Centers for Medicare
& Medicaid Services of contracts awarded under
such plan (or waiver); and
(B) include any recommendations for Congress, the
Secretary of Health and Human Services, or Puerto Rico
relating to changes that the Comptroller General
determines necessary to improve the program integrity
of such plan (or waiver).
(3) Audits of managed care payments.--Not later than the
date that is 1 year after the date of enactment of this Act,
the Inspector General shall develop and submit to Congress--
(A) a report identifying payments made under Puerto
Rico's Medicaid program to managed care organizations
that the Inspector General determines to be at high
risk for waste, fraud, or abuse; and
(B) a plan for auditing and investigating such
payments.
(4) System for tracking federal funding provided to puerto
rico; medicaid and chip scorecard reporting.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a), as amended by
subsection (e), is further amended by adding at the end the
following new subsection:
``(rr) Program Integrity Requirements for Puerto Rico.--
``(1) System for tracking federal medicaid funding provided
to puerto rico.--
``(A) In general.--Puerto Rico shall establish and
maintain a system, which may include the use of a
quarterly Form CMS-64, for tracking any amounts paid by
the Federal Government to Puerto Rico with respect to
the State plan of Puerto Rico (or a waiver of such
plan). Under such system, Puerto Rico shall ensure that
information is available, with respect to each quarter
in a fiscal year (beginning with the first quarter
beginning on or after the date that is 1 year after the
date of the enactment of this subsection), on the
following:
``(i) In the case of a quarter other than
the first quarter of such fiscal year--
``(I) the total amount expended by
Puerto Rico during any previous quarter
of such fiscal year under the State
plan of Puerto Rico (or a waiver of
such plan); and
``(II) a description of how such
amount was so expended.
``(ii) The total amount that Puerto Rico
expects to expend during the quarter under the
State plan of Puerto Rico (or a waiver of such
plan), and a description of how Puerto Rico
expects to expend such amount.
``(B) Report to cms.--For each quarter with respect
to which Puerto Rico is required under subparagraph (A)
to ensure that information described in such
subparagraph is available, Puerto Rico shall submit to
the Administrator of the Centers for Medicare &
Medicaid Services a report on such information for such
quarter, which may include the submission of a
quarterly Form CMS-37.
``(2) Submission of documentation on contracts upon
request.--Puerto Rico shall, upon request, submit to the
Administrator of the Centers for Medicare & Medicaid Services
all documentation requested with respect to contracts awarded
under the State plan of Puerto Rico (or a waiver of such plan).
``(3) Reporting on medicaid and chip scorecard measures.--
Beginning 12 months after the date of enactment of this
subsection, Puerto Rico shall begin to report to the
Administrator of the Centers for Medicare & Medicaid Services
on selected measures included in the Medicaid and CHIP
Scorecard developed by the Centers for Medicare & Medicaid
Services.''.
(5) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary
of Health and Human Services $5,000,000 for each of fiscal
years 2020 through 2021 to carry out this subsection.
SEC. 203. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended by striking ``December 21, 2019'' each place it
appears and inserting ``May 23, 2020''.
SEC. 204. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of Public Law 111-148 (42 U.S.C.
1396r-5 note) is amended by striking ``December 31, 2019'' and
inserting ``May 22, 2020''.
(b) Rule of Construction.--Nothing in section 2404 of Public Law
111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the
Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be
construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under
subsection (c), (d), (i), or (k) of section 1915 of
such Act (42 U.S.C. 1396n) or under section 1115 of
such Act (42 U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act
(42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of
such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or
other remedial care under which the State disregarded the
income and assets of the individual's spouse in determining the
initial and ongoing financial eligibility of an individual for
such services in place of the spousal impoverishment provisions
applied under section 1924 of such Act (42 U.S.C. 1396r-5).
SEC. 205. EXTENSION OF THE MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION PROGRAM.
Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C.
1396a note) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) subject to paragraph (3), $176,000,000 for
the period beginning on January 1, 2020, and ending on
May 22, 2020.''; and
(2) in paragraph (3)--
(A) in the paragraph header, by striking ``for fy
2019''; and
(B) by striking ``paragraph (1)(F)'' and inserting
``subparagraphs (F) and (G) of paragraph (1)''.
Subtitle C--Human Services and Other Health Programs
SEC. 301. EXTENSION OF DEMONSTRATION PROJECTS TO ADDRESS HEALTH
PROFESSIONS WORKFORCE NEEDS.
Activities authorized by section 2008 of the Social Security Act
shall continue through May 22, 2020, in the manner authorized for
fiscal year 2019, and out of any money in the Treasury of the United
States not otherwise appropriated, there are hereby appropriated such
sums as may be necessary for such purpose. Grants and payments may be
made pursuant to this authority through the date so specified at the
pro rata portion of the total amount authorized for such activities in
fiscal year 2019.
SEC. 302. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM AND RELATED PROGRAMS.
Activities authorized by part A of title IV and section 1108(b) of
the Social Security Act shall continue through May 22, 2020, in the
manner authorized for fiscal year 2019, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
SEC. 303. EXTENSION OF SEXUAL RISK AVOIDANCE EDUCATION PROGRAM.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``December 20, 2019'' and
inserting ``May 22, 2020'';
(B) in paragraph (2)(A), by striking ``December 20,
2019'' and inserting ``May 22, 2020''; and
(2) in subsection (f)(1), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20,
2019'' and inserting ``$48,287,671 for the period beginning
October 1, 2019, and ending May 22, 2020''.
SEC. 304. EXTENSION OF PERSONAL RESPONSIBILITY EDUCATION PROGRAM.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``December 20, 2019'' and
inserting ``May 22, 2020'';
(B) in subparagraph (B)(i), by striking by striking
``December 20, 2019'' and inserting ``May 22, 2020'';
and
(2) in subsection (f), by striking ``$16,643,836 for the
period beginning October 1, 2019, and ending December 20,
2019'' and inserting ``$48,287,671 for the period beginning
October 1, 2019, and ending May 22, 2020''.
Subtitle D--Public Health Provisions
SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
GME PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F))
is amended by--
(1) striking ``$887,671,223'' and inserting
``$2,575,342,466''; and
(2) striking ``December 20, 2019'' and inserting ``May 22,
2020''.
(b) National Health Service Corps.--Section 10503(b)(2)(G) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(G))
is amended--
(1) by striking ``$68,794,521'' and inserting
``$199,589,041''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by striking ``$28,072,603'' and inserting
``$81,445,205''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(d) Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section for the period beginning on October
1, 2019, and ending on May 22, 2020, shall be subject to the
requirements contained in Public Law 115-245 for funds for programs
authorized under sections 330 through 340 of the Public Health Service
Act (42 U.S.C. 254 through 256).
(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of
title 18, United States Code, as amended by section 1101(e) of division
B of Public Law 116-69, is amended by striking ``section 1101(d) of
division B of the Continuing Appropriations Act, 2020, and Health
Extenders Act of 2019, and section 1101(d) of the Further Continuing
Appropriations Act, 2020, and Further Health Extenders Act of 2019''
and inserting ``, and section 401(d) of division N of the Further
Consolidated Appropriations Act, 2020''.
SEC. 402. DIABETES PROGRAMS.
(a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
(42 U.S.C. 254c-2(b)(2)(D)) is amended--
(1) by striking ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
(b) Indians.--Section 330C(c)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
(1) by striking ``$33,287,671'' and inserting
``$96,575,342''; and
(2) by striking ``December 20, 2019'' and inserting ``May
22, 2020''.
SEC. 403. POISON CENTER NETWORK ENHANCEMENT.
(a) National Toll-free Number.--Section 1271 of the Public Health
Service Act (42 U.S.C. 300d-71) is amended--
(1) in the section heading, by inserting before the period
the following: ``and other communication capabilities''; and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary--
``(1) shall provide coordination and assistance to poison
control centers for the establishment and maintenance of a
nationwide toll-free phone number, to be used to access such
centers; and
``(2) may provide coordination and assistance to poison
control centers and consult with professional organizations for
the establishment, implementation, and maintenance of other
communication technologies to be used to access such
centers.'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting after subsection (a) the following:
``(b) Routing Contacts With Poison Control Centers.--Not later than
18 months after the date of enactment of this subsection, the Secretary
shall coordinate with the Chairman of the Federal Communications
Commission, to the extent technically and economically feasible, to
ensure that communications with the national toll-free number are
routed to the appropriate poison control center based on the physical
location of the contact rather than the area code of the contact
device.''; and
(5) in subsection (c), as so redesignated--
(A) by striking ``2015 through 2019'' and inserting
``2020 through 2024''; and
(B) by striking ``maintenance of the nationwide
toll free phone number under subsection (a)'' and
inserting ``establishment, implementation, and
maintenance activities carried out under subsections
(a) and (b)''.
(b) Nationwide Media Campaign.--Section 1272 of the Public Health
Service Act (42 U.S.C. 300d-72) is amended--
(1) in the section heading, by striking ``nationwide media
campaign to promote'' and inserting ``promoting'';
(2) in subsection (a)--
(A) by inserting ``and support outreach to'' after
``educate'';
(B) by striking ``poison prevention'' and inserting
``poisoning and toxic exposure prevention''; and
(C) by striking ``established under'' and inserting
``and other available communication technologies
established, implemented, or maintained under'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``nationwide poison prevention'' and inserting
``nationwide poisoning and toxic exposure prevention'';
and
(B) in paragraph (1), by striking ``poison
prevention and poison control center'' and inserting
``poisoning and toxic exposure prevention awareness
materials, applicable public health emergency
preparedness and response information, and poison
control center'' after ``distribution of''; and
(4) by striking subsection (c);
(5) by redesignating subsection (d) as subsection (c); and
(6) in subsection (c) (as so redesignated), by striking
``2015 through 2019'' and inserting ``2020 through 2024''.
(c) Maintenance of Program.--Section 1273 of the Public Health
Service Act (42 U.S.C. 300d-73) is amended--
(1) in subsection (a), by inserting ``and toxic exposures''
after ``poisonings''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for poison'' and
inserting ``for poisoning and toxic exposure'';
and
(ii) by striking ``and preparedness'' and
inserting ``preparedness and response'';
(B) in paragraph (3)--
(i) by striking ``United States and'' and
inserting ``United States,''; and
(ii) by inserting before the semicolon the
following: ``, and other government agencies as
determined to be appropriate and nonduplicative
by the Secretary''; and
(C) in paragraph (8), by striking ``calls'' and
inserting ``contacts'';
(3) in subsection (d) , by striking paragraph (3) and
inserting the following:
``(3) Limitation.--
``(A) In general.--The sum of the number of years
for a waiver under paragraph (1) and a renewal under
paragraph (2) may not exceed 5 years.
``(B) Public health emergency.--Notwithstanding any
previous waivers, in the case of a poison control
center whose accreditation is affected by a public
health emergency declared pursuant to section 319, the
Secretary may, as the circumstances of the emergency
reasonably require, provide a waiver under paragraph
(1) or a renewal under paragraph (2), not to exceed 2
years. The Secretary may require quarterly reports and
other information related to such a waiver or renewal
under this paragraph.'';
(4) by striking subsection (f) and inserting the following:
``(f) Maintenance of Effort.--With respect to activities for which
a grant is awarded under this section, the Secretary may require that
poison control centers agree to maintain the expenditures of the center
for such activities at a level that is not less than the level of
expenditures maintained by the center for the fiscal year preceding the
fiscal year for which the grant is received.'';
(5) In subsection (g), by striking ``2015 through 2019''
and inserting ``2020 through 2024''; and
(6) by adding at the end the following:
``(h) Biennial Report to Congress.--Not later than 2 years after
the date of enactment of this subsection, and every 2 years thereafter,
the Secretary shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and Committee on Energy and Commerce
of the House of Representatives a report concerning the operations of,
and trends identified by, the Poison Control Network. Such report shall
include--
``(1) descriptions of the activities carried out pursuant
to sections 1271, 1272, and 1273, and the alignment of such
activities with the purposes provided under subsection (a);
``(2) a description of trends in volume of contacts to
poison control centers;
``(3) a description of trends in poisonings and toxic
exposures reported to poison control centers, as applicable and
appropriate;
``(4) an assessment of the impact of the public awareness
campaign, including any geographic variations;
``(5) a description of barriers, if any, preventing poison
control centers from achieving the purposes and programs under
this section and sections 1271 and 1272;
``(6) a description of the standards for accreditation
described in subsection (c), including any variations in those
standards, and any efforts to create and maintain consistent
standards across organizations that accredit poison control
centers; and
``(7) the number of and reason for any waivers provided
under subsection (d).''.
SEC. 404. KAY HAGAN TICK ACT.
(a) Short Title.--This section may be cited as the ``Kay Hagan Tick
Act''.
(b) Combating Vector-borne Diseases.--Title III of the Public
Health Service Act is amended by inserting after section 317T (42
U.S.C. 247b-22) the following:
``SEC. 317U. NATIONAL STRATEGY AND REGIONAL CENTERS OF EXCELLENCE IN
VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary shall--
``(1)(A) ensure the development and implementation of a
national strategy to address vector-borne diseases, including
tick-borne diseases, that--
``(i) identifies and assesses gaps and any
unnecessary duplication in federally-funded programs;
and
``(ii) identifies strategic goals to address such
diseases and appropriate benchmarks to measure progress
toward achieving such goals; and
``(B) update such strategy, as appropriate; and
``(2) coordinate programs and activities, including related
to data collection, research, and the development of
diagnostics, treatments, vaccines, and other related
activities, to address vector-borne diseases, including tick-
borne diseases, across the Department of Health and Human
Services and with other Federal agencies or departments, as
appropriate.
``(b) Consultation.--In carrying out subsection (a)(1), the
Secretary shall consult with the Tick-Borne Disease Working Group
established under section 2062 of the 21st Century Cures Act (42 U.S.C.
284s) and other individuals, as appropriate, such as--
``(1) epidemiologists with experience in vector-borne
diseases;
``(2) representatives of patient advocacy and research
organizations that focus on vector-borne diseases, including
such organizations that have demonstrated experience in related
research, public health, data collection, or patient access to
care;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians, entomologists, vector management
professionals, public health professionals, and others with
expertise in vector-borne diseases; and
``(5) researchers, including researchers with experience
conducting translational research.
``(c) Centers of Excellence.--The Secretary, in coordination with
the Director of the Centers for Disease Control and Prevention, shall
award grants, contracts, or cooperative agreements to institutions of
higher education for the establishment or continued support of regional
centers of excellence in vector-borne diseases to address vector-borne
diseases, including tick-borne diseases, by--
``(1) facilitating collaboration between academia and
public health organizations for public health surveillance,
prevention, and response activities related to vector-borne
diseases, including tick-borne diseases;
``(2) providing training for public health entomologists
and other health care professionals, as appropriate, to address
vector-borne diseases, including tick-borne diseases;
``(3) conducting research to develop and validate
prevention and control tools and methods, including evidence-
based and innovative, evidence-informed tools and methods to
anticipate and respond to disease outbreaks; or
``(4) preparing for and responding to outbreaks of vector-
borne diseases, including tick-borne diseases.
``(d) Eligibility.--To be eligible to receive a grant, contract, or
cooperative agreement under subsection (c), an entity shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require, including a
description of how the entity will conduct the activities described in
such subsection.
``(e) Reports.--
``(1) Program summary.--An entity receiving an award under
subsection (c) shall, not later than one year after receiving
such award, and annually thereafter, submit to the Secretary a
summary of programs and activities funded under the award.
``(2) Progress report.--Not later than 4 years after the
date of enactment of this section, the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on the progress made in
addressing vector-borne diseases, including tick-borne
diseases, through activities carried out under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for each of fiscal years 2021 through 2025.''.
(c) Enhancing Capacity to Address Vector-borne Diseases.--Subtitle
C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31
et seq.) is amended by adding at the end the following:
``SEC. 2822. ENHANCED SUPPORT TO ASSIST HEALTH DEPARTMENTS IN
ADDRESSING VECTOR-BORNE DISEASES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may enter into
cooperative agreements with health departments of States, political
subdivisions of States, and Indian Tribes and Tribal organizations in
areas at high risk of vector-borne diseases in order to increase
capacity to identify, report, prevent, and respond to such diseases and
related outbreaks.
``(b) Eligibility.--To be eligible to enter into a cooperative
agreement under this section, an entity described in subsection (a)
shall prepare and submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
require, including a plan that describes--
``(1) how the applicant proposes to develop or expand
programs to address vector-borne disease risks, including
through--
``(A) related training and workforce development;
``(B) programmatic efforts to improve capacity to
identify, report, prevent, and respond to such disease
and related outbreaks; and
``(C) other relevant activities identified by the
Director of the Centers for Disease Control and
Prevention, as appropriate;
``(2) the manner in which the applicant will coordinate
with other Federal, Tribal, and State agencies and programs, as
applicable, related to vector-borne diseases, as well as other
relevant public and private organizations or agencies; and
``(3) the manner in which the applicant will evaluate the
effectiveness of any program carried out under the cooperative
agreement.
``(c) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be appropriated
$20,000,000 for each of fiscal years 2021 through 2025.''.
Subtitle E--Revenue Provisions
SEC. 501. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of the Internal Revenue
Code of 1986 is amended by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
the Internal Revenue Code of 1986 is amended by striking the item
relating to subchapter E.
(d) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2019.
SEC. 502. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--Subtitle A of title IX of the Patient Protection
and Affordable Care Act is amended by striking section 9010.
(b) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2020.
SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH
COVERAGE.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980I.
(b) Conforming Amendments.--
(1) Section 6051 of such Code is amended--
(A) by striking ``section 4980I(d)(1)'' in
subsection (a)(14) and inserting ``subsection (g)'',
and
(B) by adding at the end the following new
subsection:
``(g) Applicable Employer-Sponsored Coverage.--For purposes of
subsection (a)(14)--
``(1) In general.--The term `applicable employer-sponsored
coverage' means, with respect to any employee, coverage under
any group health plan made available to the employee by an
employer which is excludable from the employee's gross income
under section 106, or would be so excludable if it were
employer-provided coverage (within the meaning of such section
106).
``(2) Exceptions.--The term `applicable employer-sponsored
coverage' shall not include--
``(A) any coverage (whether through insurance or
otherwise) described in section 9832(c)(1) (other than
subparagraph (G) thereof) or for long-term care,
``(B) any coverage under a separate policy,
certificate, or contract of insurance which provides
benefits substantially all of which are for treatment
of the mouth (including any organ or structure within
the mouth) or for treatment of the eye, or
``(C) any coverage described in section 9832(c)(3)
the payment for which is not excludable from gross
income and for which a deduction under section 162(l)
is not allowable.
``(3) Coverage includes employee paid portion.--Coverage
shall be treated as applicable employer-sponsored coverage
without regard to whether the employer or employee pays for the
coverage.
``(4) Governmental plans included.--Applicable employer-
sponsored coverage shall include coverage under any group
health plan established and maintained primarily for its
civilian employees by the Government of the United States, by
the government of any State or political subdivision thereof,
or by any agency or instrumentality of any such government.''.
(2) Section 9831(d)(1) of such Code is amended by striking
``except as provided in section 4980I(f)(4)''.
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980I.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
Subtitle F--Miscellaneous Provisions
SEC. 601. ALASKA NATIVE REGIONAL HEALTH ENTITIES.
Section 424(a) of the Consolidated Appropriations Act, 2014 (Public
Law 113-76), as amended by section 428 of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), shall be applied by
substituting ``May 22, 2020'' for ``October 1, 2019''.
SEC. 602. ADDRESSING EXPIRATION OF CHILD WELFARE DEMONSTRATION PROJECTS
AND SUPPORTING FAMILY FIRST IMPLEMENTATION.
(a) Short Title.--This section may be cited as the ``Family First
Transition Act''.
(b) Evidence Standard Transition.--
(1) Temporary suspension of requirement that at least 50
percent of a state's reimbursement for prevention and family
services and programs be for programs and services that meet
the well-supported practice requirement.--With respect to
quarters in fiscal years 2020 and 2021, section 474(a)(6)(A) of
the Social Security Act (42 U.S.C. 674(a)(6)(A)) shall be
applied without regard to clause (ii) of such section.
(2) Supported practices temporarily treated as well-
supported practices.--With respect to quarters in fiscal years
2022 and 2023, practices that meet the criteria specified for
supported practices in section 471(e)(4)(C) of the Social
Security Act (42 U.S.C. 671(e)(4)(C)) shall be considered well-
supported practices for purposes of section 474(a)(6)(A)(ii) of
such Act (42 U.S.C. 674(a)(6)(A)(ii)).
(c) Enhanced Funding for Transition Activities.--
(1) Transition funding.--
(A) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated to the Secretary
of Health and Human Services (in this section referred
to as the ``Secretary'') to carry out this subsection
$500,000,000 for fiscal year 2020, which shall remain
available through fiscal year 2021.
(B) Distribution of funds.--
(i) In general.--The Secretary shall allot
the amount appropriated by subparagraph (A) of
this paragraph in accordance with section 423
of the Social Security Act (42 U.S.C. 623), and
shall pay each State to which an allotment is
so made, the total amount so allotted, subject
to clause (ii) of this subparagraph.
(ii) Reservation of funds for indian tribes
and tribal organizations.--Before applying
clause (i) of this subparagraph, the Secretary
shall reserve 3 percent of the amount
appropriated by subparagraph (A) of this
paragraph for allotment to the Indian tribes
and tribal organizations with a plan approved
under subpart 1 of part B of title IV of the
Social Security Act, based on each tribe or
tribal organization's share of the total tribal
child population among all such tribes and
tribal organizations.
(2) Funding certainty for states with expiring
demonstration projects.--
(A) In general.--Out of any money in the Treasury
of the United States not otherwise appropriated, there
are appropriated to the Secretary, for payment to each
State that was operating a demonstration project
approved under section 1130 of the Social Security Act
on September 30, 2019, for each fiscal year specified
in subparagraph (B) of this paragraph, an amount equal
to the amount (if any) by which--
(i)(I) the applicable percentage for the
fiscal year so specified of the maximum capped
allocation due to the State or sub-State
jurisdiction for fiscal year 2019 for foster
care maintenance, administration, or training
costs, under the demonstration project, as
specified in section 4.3 of the State waiver
terms and conditions document capped allocation
payment table in effect on August 31, 2019; or
(II) if the terms and conditions do not
specify a maximum amount payable for fiscal
year 2019 for the State or sub-State
jurisdiction (due to the use of a comparison
jurisdiction to ensure cost neutrality), the
final cost neutrality limit for the State or
sub-State jurisdiction for fiscal year 2018, as
most recently reported by the State or sub-
State jurisdiction as of September 30, 2019,
for foster care maintenance, administration, or
training costs under the demonstration project
that were included in the waiver; exceeds
(ii) the total amount payable to the State
or sub-State jurisdiction under part E of title
IV of such Act for the fiscal year so specified
for foster care expenditures (whether payable
under paragraph (1) or (3) of section 474(a) of
such Act) that were maintenance,
administration, or training costs of the
demonstration project taken into account by the
Secretary in determining the total amount
referred to in clause (i) of this subparagraph.
(B) Applicable percentage defined.--In this
subparagraph, the term ``applicable percentage''
means--
(i) 90 percent, in the case of fiscal year
2020; or
(ii) 75 percent, in the case of fiscal year
2021.
(C) Special rule.--The calculation under
subparagraph (A) with respect to a State shall be made
without regard to--
(i) any change approved after August 31,
2019, in the capped allocation or the terms and
conditions referred to in clause (i) of
subparagraph (A) with respect to the State; or
(ii) any change made after such date to the
financial form submitted by the State that is
used in determining the capped allocation.
(D) Distribution of funds.--Each State that
receives funds under this paragraph shall distribute
the funds to jurisdictions in the State that were
operating demonstration projects under section 1130 of
the Social Security Act in a manner consistent with
each sub-State jurisdiction's proportionate loss as
compared with fiscal year 2019.
(E) Reconciliation process.--Each State seeking a
payment under this paragraph shall report expenditures
pursuant to part E of title IV of the Social Security
Act (42 U.S.C. 670 et seq.) in a manner determined by
the Secretary and the Secretary shall account for any
revisions to spending for fiscal years 2020 and 2021
after the end of the respective fiscal year that are
reported by the State agency administering the State
plan approved under such part, and received by the
Department of Health and Human Services, within 2 years
after the last day of the fiscal quarter in which the
expenditure was made.
(F) Availability of funds.--The amounts made
available for payments to States under this paragraph
for a fiscal year shall remain available through the
end of the third succeeding fiscal year.
(3) Use of funds.--
(A) In general.--In addition to the purposes
specified in part B of title IV of the Social Security
Act (42 U.S.C. 671 et seq.), a State may use funds
provided under this subsection for activities
previously funded under a demonstration project under
section 1130 of such Act (42 U.S.C. 1320a-9) to reduce
any adverse fiscal impacts as jurisdictions transition
funding sources for the projects, and for activities
directly associated with the implementation of title
VII of division E of Public Law 115-123 (also known as
the Family First Prevention Services Act).
(B) Limitation.--None of the funds provided under
this subsection may be used to match Federal funds
under any program.
(d) Reporting on Enhanced Funding for Transition Activities.--
(1) In general.--Each State to which funds are paid under
subsection (c) of this section shall submit to the Secretary,
in a manner specified by the Secretary, a written report on--
(A) how the grant is used to implement each part of
title VII of division E of Public Law 115-123 (also
known as the Family First Prevention Services Act),
with a separate statement with respect to each such
part;
(B) all programs, services, and operational costs
to which the grant is put;
(C) the characteristics of the families and
children served by use of the grant; and
(D)(i) the use by the State of amounts provided for
each fiscal year to continue activities previously
funded under a waiver provided under section 1130 of
the Social Security Act (42 U.S.C. 1320a-9); and
(ii)(I) the plan of the State to transition the
activities so that needed activities can be provided
under the State plan approved under part E of title IV
of the Social Security Act (42 U.S.C. 670 et seq.); or
(II) if expenditures for the activities would not
be eligible for payment under the State plan approved
under such part E--
(aa) the reason therefor; and
(bb) the funding sources the State plans to
use to cover the costs of needed activities.
(2) Applicability of other laws.--For purposes of subpart 2
of part B of title IV of the Social Security Act (42 U.S.C. 629
et seq.), each report required by paragraph (1) of this
subsection shall be considered to be required by section
432(a)(8) of such Act (42 U.S.C. 629b(a)(8)), and shall contain
such additional information as the Secretary may require.
(e) Definition of State.--In this section, the term ``State'' has
the meaning given the term in section 431(a)(4) of the Social Security
Act (42 U.S.C. 629a(a)(4)).
(f) Renaming of Title IV-B-2 of the Social Security Act.--The
subpart heading for subpart 2 of part B of title IV of the Social
Security Act is amended by striking ``Promoting Safe and Stable
Families'' and inserting ``MaryLee Allen Promoting Safe and Stable
Families Program''.
(g) Effective Date.--This section and the amendments made by this
section shall take effect as if included in the Bipartisan Budget Act
of 2018 on the date of the enactment of such Act.
(h) Technical Correction.--Section 50701 of the Bipartisan Budget
Act of 2018 (42 U.S.C. 1305 note; Public Law 115-123) is amended by
striking ``Bipartisan Budget Act of 2018'' and inserting ``Family First
Prevention Services Act''.
SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.
(a) In General.--Section 906(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387f(d)) is amended--
(1) in paragraph (3)(A)(ii), by striking ``18 years'' and
inserting ``21 years''; and
(2) by adding at the end the following:
``(5) Minimum age of sale.--It shall be unlawful for any
retailer to sell a tobacco product to any person younger than
21 years of age.''.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall publish in the Federal Register a final rule to update
the regulations issued under chapter IX of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate,
only to carry out the amendments made by subsection (a),
including to update all references to persons younger than 18
years of age in subpart B of part 1140 of title 21, Code of
Federal Regulations, and to update the relevant age
verification requirements under such part 1140 to require age
verification for individuals under the age of 30. Such final
rule shall--
(A) take full effect not later than 90 days after
the date on which such final rule is published; and
(B) be deemed to be in compliance with all
applicable provisions of chapter 5 of title 5, United
States Code and all other provisions of law relating to
rulemaking procedures.
(2) Other regulations.--Prior to making amendments to part
1140 of title 21, Code of Federal Regulations other than the
amendments described in paragraph (1), the Secretary shall
promulgate a proposed rule in accordance with chapter 5 of
title 5, United States Code.
(c) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall provide written notification
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives regarding the progress of the Department of Health and
Human Services towards promulgating the final rule under subsection
(b). If, 180 days after the date of enactment of this Act, such rule
has not been promulgated in accordance with subsection (b), the
Secretary shall provide a written notification and a justification for
the delay in rulemaking to such committees.
(d) Penalties for Violations.--
(1) In general.--Section 103(q)(2) of the Family Smoking
Prevention and Tobacco Control Act (Public Law 111-31) is
amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``section 906(d)(5) or of''
after ``violations of''; and
(B) in subparagraph (C), by inserting ``section
906(d)(5) or of'' after ``a retailer of''.
(2) Repeated violations.--Section 303(f)(8) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended
by inserting ``section 906(d)(5) or of'' after ``repeated
violations of''.
(3) Misbranded products.--Section 903(a)(7)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is
amended by inserting ``section 906(d)(5) or of'' after
``violation of''.
SEC. 604. SALE OF TOBACCO PRODUCTS TO INDIVIDUALS UNDER THE AGE OF 21.
(a) In General.--Section 1926 of the Public Health Service Act (42
U.S.C. 300x-26) is amended--
(1) in the heading--
(A) by striking ``state law regarding''; and
(B) by striking ``18'' and inserting ``21'';
(2) by striking subsections (a) and (d);
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) by amending subsection (a), as so redesignated, to read
as follows:
``(a) In General.--A funding agreement for a grant under section
1921 is that the State involved will--
``(1) annually conduct random, unannounced inspections to
ensure that retailers do not sell tobacco products to
individuals under the age of 21; and
``(2) annually submit to the Secretary a report
describing--
``(A) the activities carried out by the State to
ensure that retailers do not sell tobacco products to
individuals under the age of 21;
``(B) the extent of success the State has achieved
in ensuring that retailers do not sell tobacco products
to individuals under the age of 21; and
``(C) the strategies to be utilized by the State to
ensure that retailers do not sell tobacco products to
individuals under the age of 21 during the fiscal year
for which the grant is sought.'';
(5) in subsection (b), as so redesignated--
(A) by striking paragraphs (1), (2), (3), and (4);
(B) by striking ``Before making'' and inserting the
following:
``(1) In general.--Before making'';
(C) by striking ``for the first applicable fiscal
year or any subsequent fiscal year'';
(D) by striking ``subsections (a) and (b)'' and
inserting ``subsection (a)'';
(E) by striking ``equal to--'' and inserting ``up
to 10 percent of the amount determined under section
1933 for the State for the applicable fiscal year.'';
and
(F) by adding at the end the following:
``(2) Limitation.--
``(A) In general.--A State shall not have funds
withheld pursuant to paragraph (1) if such State for
which the Secretary has made a determination of
noncompliance under such paragraph--
``(i) certifies to the Secretary by May 1
of the fiscal year for which the funds are
appropriated, consistent with subparagraph (B),
that the State will commit additional State
funds, in accordance with paragraph (1), to
ensure that retailers do not sell tobacco
products to individuals under 21 years of age;
``(ii) agrees to comply with a negotiated
agreement for a corrective action plan that is
approved by the Secretary and carried out in
accordance with guidelines issued by the
Secretary; or
``(iii) is a territory that receives less
than $1,000,000 for a fiscal year under section
1921.
``(B) Certification.--
``(i) In general.--The amount of funds to
be committed by a State pursuant to
subparagraph (A)(i) shall be equal to 1 percent
of such State's substance abuse allocation
determined under section 1933 for each
percentage point by which the State misses the
retailer compliance rate goal established by
the Secretary.
``(ii) State expenditures.--For a fiscal
year in which a State commits funds as
described in clause (i), such State shall
maintain State expenditures for tobacco
prevention programs and for compliance
activities at a level that is not less than the
level of such expenditures maintained by the
State for the preceding fiscal year, plus the
additional funds for tobacco compliance
activities required under clause (i). The State
shall submit a report to the Secretary on all
State obligations of funds for such fiscal year
and all State expenditures for the preceding
fiscal year for tobacco prevention and
compliance activities by program activity by
July 31 of such fiscal year.
``(iii) Discretion.--The Secretary shall
exercise discretion in enforcing the timing of
the State obligation of the additional funds
required by the certification described in
subparagraph (A)(i) as late as July 31 of such
fiscal year.
``(C) Failure to certify.--If a State described in
subparagraph (A) fails to certify to the Secretary
pursuant to subparagraph (A)(i) or enter into, or
comply with, a negotiated agreement under subparagraph
(A)(ii), the Secretary may take action pursuant to
paragraph (1).''; and
(6) by adding at the end the following:
``(c) Implementation of Reporting Requirements.--
``(1) Transition period.--The Secretary shall--
``(A) not withhold amounts under subsection (b) for
the 3-year period immediately following the date of
enactment of division N of the Further Consolidated
Appropriations Act, 2020; and
``(B) use discretion in exercising its authority
under subsection (b) during the 2-year period
immediately following the 3-year period described in
subparagraph (A), to allow for a transition period for
implementation of the reporting requirements under
subsection (a)(2).
``(2) Regulations or guidance.--Not later than 180 days
after the date of enactment of division N of the Further
Consolidated Appropriations Act, 2020, the Secretary shall
update regulations under part 96 of title 45, Code of Federal
Regulations or guidance on the retailer compliance rate goal
under subsection (b), the use of funds provided under section
1921 for purposes of meeting the requirements of this section,
and reporting requirements under subsection (a)(2).
``(3) Coordination.--The Secretary shall ensure the
Assistant Secretary for Mental Health and Substance Use
coordinates, as appropriate, with the Commissioner of Food and
Drugs to ensure that the technical assistance provided to
States under subsection (e) is consistent with applicable
regulations for retailers issued under part 1140 of title 21,
Code of Federal Regulations.
``(d) Transitional Grants.--
``(1) In general.--The Secretary shall award grants under
this subsection to each State that receives funding under
section 1921 to ensure compliance of each such State with this
section.
``(2) Use of funds.--A State receiving a grant under this
subsection--
``(A) shall use amounts received under such grant
for activities to plan for or ensure compliance in the
State with subsection (a); and
``(B) in the case of a State for which the
Secretary has made a determination under subsection (b)
that the State is prepared to meet, or has met, the
requirements of subsection (a), may use such funds for
tobacco cessation activities, strategies to prevent the
use of tobacco products by individuals under the age of
21, or allowable uses under section 1921.
``(3) Supplement not supplant.--Grants under this
subsection shall be used to supplement and not supplant other
Federal, State, and local public funds provided for activities
under paragraph (2).
``(4) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated $18,580,790
for each of fiscal years 2020 through 2024.
``(5) Sunset.--This subsection shall have no force or
effect after September 30, 2024.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to States related to the activities required under this
section.''.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
status of implementing the requirements of section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26), as amended by subsection (a),
and a description of any technical assistance provided under subsection
(e) of such section, including the number of meetings requested and
held related to technical assistance.
(c) Conforming Amendment.--Section 212 of division D of the
Consolidated Appropriations Act, 2010 (Public Law 111-117) is repealed.
SEC. 605. BIOLOGICAL PRODUCT DEFINITION.
Section 351(i)(1) of the Public Health Service Act (42 U.S.C.
262(i)(1)) is amended by striking ``(except any chemically synthesized
polypeptide)''.
SEC. 606. PROTECTING ACCESS TO BIOLOGICAL PRODUCTS.
Section 351(k)(7) of the Public Health Service Act (42 U.S.C.
262(k)(7)) is amended by adding at the end the following:
``(D) Deemed licenses.--
``(i) No additional exclusivity through
deeming.--An approved application that is
deemed to be a license for a biological product
under this section pursuant to section
7002(e)(4) of the Biologics Price Competition
and Innovation Act of 2009 shall not be treated
as having been first licensed under subsection
(a) for purposes of subparagraphs (A) and (B).
``(ii) Application of limitations on
exclusivity.--Subparagraph (C) shall apply with
respect to a reference product referred to in
such subparagraph that was the subject of an
approved application that was deemed to be a
license pursuant to section 7002(e)(4) of the
Biologics Price Competition and Innovation Act
of 2009.
``(iii) Applicability.--The exclusivity
periods described in section 527, section
505A(b)(1)(A)(ii), and section
505A(c)(1)(A)(ii) of the Federal Food, Drug,
and Cosmetic Act shall continue to apply to a
biological product after an approved
application for the biological product is
deemed to be a license for the biological
product under subsection (a) pursuant to
section 7002(e)(4) of the Biologics Price
Competition and Innovation Act of 2009.''.
SEC. 607. STREAMLINING THE TRANSITION OF BIOLOGICAL PRODUCTS.
Section 7002(e)(4) of the Biologics Price Competition and
Innovation Act of 2009 (Public Law 111-148) is amended--
(1) by striking ``An approved application'' and inserting
the following:
``(A) In general.--An approved application''; and
(2) by adding at the end the following:
``(B) Treatment of certain applications.--
``(i) In general.--With respect to an
application for a biological product submitted
under subsection (b) or (j) of section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) that is filed not later than March
23, 2019, and is not approved as of March 23,
2020, the Secretary shall continue to review
such application under such section 505 after
March 23, 2020.
``(ii) Effect on listed drugs.--Only for
purposes of carrying out clause (i), with
respect to any applicable listed drug with
respect to such application, the following
shall apply:
``(I) Any drug that is a biological
product that has been deemed licensed
under section 351 of the Public Health
Service Act (42 U.S.C. 262) pursuant to
subparagraph (A) and that is referenced
in an application described in clause
(i), shall continue to be identified as
a listed drug on the list published
pursuant to section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act,
and the information for such drug on
such list shall not be revised after
March 20, 2020, until--
``(aa) such drug is removed
from such list in accordance
with subclause (III) or
subparagraph (C) of such
section 505(j)(7); or
``(bb) this subparagraph no
longer has force or effect.
``(II) Any drug that is a
biological product that has been deemed
licensed under section 351 of the
Public Health Service Act (42 U.S.C.
262) pursuant to subparagraph (A) and
that is referenced in an application
described in clause (i) shall be
subject only to requirements applicable
to biological products licensed under
such section.
``(III) Upon approval under
subsection (c) or (j) of section 505 of
the Federal Food, Drug, and Cosmetic
Act of an application described in
clause (i), the Secretary shall remove
from the list published pursuant to
section 505(j)(7) of the Federal Food,
Drug, and Cosmetic Act any listed drug
that is a biological product that has
been deemed licensed under section 351
of the Public Health Service Act
pursuant to subparagraph (A) and that
is referenced in such approved
application, unless such listed drug is
referenced in one or more additional
applications described in clause (i).
``(iii) Deemed licensure.--Upon approval of
an application described in clause (i), such
approved application shall be deemed to be a
license for the biological product under
section 351 of the Public Health Service Act.
``(iv) Rule of construction.--
``(I) Application of certain
provisions.--
``(aa) Patent certification
or statement.--An application
described in clause (i) shall
contain a patent certification
or statement described in, as
applicable, section 505(b)(2)
of the Federal Food, Drug, and
Cosmetic Act or clauses (vii)
and (viii) of section
505(j)(2)(A) of such Act and,
with respect to any listed drug
referenced in such application,
comply with related
requirements concerning any
timely filed patent information
listed pursuant to section
505(j)(7) of such Act.
``(bb) Date of approval.--
The earliest possible date on
which any pending application
described in clause (i) may be
approved shall be determined
based on--
``(AA) the last
expiration date of any
applicable period of
exclusivity that would
prevent such approval
and that is described
in section
505(c)(3)(E),
505(j)(5)(B)(iv),
505(j)(5)(F), 505A,
505E, or 527 of the
Federal Food, Drug, and
Cosmetic Act; and
``(BB) if the
application was
submitted pursuant to
section 505(b)(2) of
the Federal Food, Drug,
and Cosmetic Act and
references any listed
drug, the last
applicable date
determined under
subparagraph (A), (B),
or (C) of section
505(c)(3) of such Act,
or, if the application
was submitted under
section 505(j) of such
Act, the last
applicable date
determined under clause
(i), (ii), or (iii) of
section 505(j)(5)(B) of
such Act.
``(II) Exclusivity.--Nothing in
this subparagraph shall be construed to
affect section 351(k)(7)(D) of the
Public Health Service Act.
``(v) Listing.--The Secretary may continue
to review an application after March 23, 2020,
pursuant to clause (i), and continue to
identify any applicable listed drug pursuant to
clause (ii) on the list published pursuant to
section 505(j)(7) of the Federal Food, Drug,
and Cosmetic Act, even if such review or
listing may reveal the existence of such
application and the identity of any listed drug
for which the investigations described in
section 505(b)(1)(A) of the Federal Food, Drug,
and Cosmetic Act are relied upon by the
applicant for approval of the pending
application. Nothing in this subparagraph shall
be construed as authorizing the Secretary to
disclose any other information that is a trade
secret or confidential information described in
section 552(b)(4) of title 5, United States
Code.
``(vi) Sunset.--Beginning on October 1,
2022, this subparagraph shall have no force or
effect and any applications described in clause
(i) that have not been approved shall be deemed
withdrawn.''.
SEC. 608. REENROLLMENT OF CERTAIN INDIVIDUALS IN QUALIFIED HEALTH PLANS
IN CERTAIN EXCHANGES.
Section 1311(c) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)) is amended by adding the end the following new
paragraph:
``(7) Reenrollment of certain individuals in qualified
health plans in certain exchanges.--
``(A) In general.--In the case of an Exchange that
the Secretary operates pursuant to section 1321(c)(1),
the Secretary shall establish a process under which an
individual described in subparagraph (B) is reenrolled
for plan year 2021 in a qualified health plan offered
through such Exchange. Such qualified health plan under
which such individual is so reenrolled shall be--
``(i) if available for plan year 2021, the
qualified health plan under which such
individual is enrolled during the annual open
enrollment period for such plan year; and
``(ii) if such qualified health plan is not
available for plan year 2021, a qualified
health plan offered through such Exchange
determined appropriate by the Secretary.
``(B) Individual described.--An individual
described in this subsection is an individual who, with
respect to plan year 2020--
``(i) resides in a State with an Exchange
described in subparagraph (A);
``(ii) is enrolled in a qualified health
plan during such plan year and does not enroll
in a qualified health plan for plan year 2021
during the annual open enrollment period for
such plan year 2021; and
``(iii) does not elect to disenroll under a
qualified health plan for plan year 2021 during
such annual open enrollment period.''.
SEC. 609. PROTECTION OF SILVER LOADING PRACTICE.
With respect to plan year 2021, the Secretary of Health and Human
Services may not take any action to prohibit or otherwise restrict the
practice commonly known as ``silver loading'' (as described in the rule
entitled ``Patient Protection and Affordable Care Act; HHS Notice of
Benefit and Payment Parameters for 2020'' published on April 25, 2019
(84 Fed. Reg. 17533)).
SEC. 610. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR BIOLOGICAL
PRODUCTS.
(a) Definitions.--In this section--
(1) the term ``commercially reasonable, market-based
terms'' means--
(A) a nondiscriminatory price for the sale of the
covered product at or below, but not greater than, the
most recent wholesale acquisition cost for the drug, as
defined in section 1847A(c)(6)(B) of the Social
Security Act (42 U.S.C. 1395w-3a(c)(6)(B));
(B) a schedule for delivery that results in the
transfer of the covered product to the eligible product
developer consistent with the timing under subsection
(b)(2)(A)(iv); and
(C) no additional conditions are imposed on the
sale of the covered product;
(2) the term ``covered product''--
(A) means--
(i) any drug approved under subsection (c)
or (j) of section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) or
biological product licensed under subsection
(a) or (k) of section 351 of the Public Health
Service Act (42 U.S.C. 262);
(ii) any combination of a drug or
biological product described in clause (i); or
(iii) when reasonably necessary to support
approval of an application under section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), or section 351 of the Public
Health Service Act (42 U.S.C. 262), as
applicable, or otherwise meet the requirements
for approval under either such section, any
product, including any device, that is marketed
or intended for use with such a drug or
biological product; and
(B) does not include any drug or biological product
that appears on the drug shortage list in effect under
section 506E of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356e), unless--
(i) the drug or biological product has been
on the drug shortage list in effect under such
section 506E continuously for more than 6
months; or
(ii) the Secretary determines that
inclusion of the drug or biological product as
a covered product is likely to contribute to
alleviating or preventing a shortage.
(3) the term ``device'' has the meaning given the term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321);
(4) the term ``eligible product developer'' means a person
that seeks to develop a product for approval pursuant to an
application for approval under subsection (b)(2) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or for licensing pursuant to an application under
section 351(k) of the Public Health Service Act (42 U.S.C.
262(k));
(5) the term ``license holder'' means the holder of an
application approved under subsection (c) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
the holder of a license under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C. 262) for a
covered product;
(6) the term ``REMS'' means a risk evaluation and
mitigation strategy under section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1);
(7) the term ``REMS with ETASU'' means a REMS that contains
elements to assure safe use under section 505-1(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f));
(8) the term ``Secretary'' means the Secretary of Health
and Human Services;
(9) the term ``single, shared system of elements to assure
safe use'' means a single, shared system of elements to assure
safe use under section 505-1(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1(f)); and
(10) the term ``sufficient quantities'' means an amount of
a covered product that the eligible product developer
determines allows it to--
(A) conduct testing to support an application
under--
(i) subsection (b)(2) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355); or
(ii) section 351(k) of the Public Health
Service Act (42 U.S.C. 262(k)); and
(B) fulfill any regulatory requirements relating to
approval of such an application.
(b) Civil Action for Failure To Provide Sufficient Quantities of a
Covered Product.--
(1) In general.--An eligible product developer may bring a
civil action against the license holder for a covered product
seeking relief under this subsection in an appropriate district
court of the United States alleging that the license holder has
declined to provide sufficient quantities of the covered
product to the eligible product developer on commercially
reasonable, market-based terms.
(2) Elements.--
(A) In general.--To prevail in a civil action
brought under paragraph (1), an eligible product
developer shall prove, by a preponderance of the
evidence--
(i) that--
(I) the covered product is not
subject to a REMS with ETASU; or
(II) if the covered product is
subject to a REMS with ETASU--
(aa) the eligible product
developer has obtained a
covered product authorization
from the Secretary in
accordance with subparagraph
(B); and
(bb) the eligible product
developer has provided a copy
of the covered product
authorization to the license
holder;
(ii) that, as of the date on which the
civil action is filed, the eligible product
developer has not obtained sufficient
quantities of the covered product on
commercially reasonable, market-based terms;
(iii) that the eligible product developer
has submitted a written request to purchase
sufficient quantities of the covered product to
the license holder, and such request--
(I) was sent to a named corporate
officer of the license holder;
(II) was made by certified or
registered mail with return receipt
requested;
(III) specified an individual as
the point of contact for the license
holder to direct communications related
to the sale of the covered product to
the eligible product developer and a
means for electronic and written
communications with that individual;
and
(IV) specified an address to which
the covered product was to be shipped
upon reaching an agreement to transfer
the covered product; and
(iv) that the license holder has not
delivered to the eligible product developer
sufficient quantities of the covered product on
commercially reasonable, market-based terms--
(I) for a covered product that is
not subject to a REMS with ETASU, by
the date that is 31 days after the date
on which the license holder received
the request for the covered product;
and
(II) for a covered product that is
subject to a REMS with ETASU, by 31
days after the later of--
(aa) the date on which the
license holder received the
request for the covered
product; or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
subparagraph (B).
(B) Authorization for covered product subject to a
rems with etasu.--
(i) Request.--An eligible product developer
may submit to the Secretary a written request
for the eligible product developer to be
authorized to obtain sufficient quantities of
an individual covered product subject to a REMS
with ETASU.
(ii) Authorization.--Not later than 120
days after the date on which a request under
clause (i) is received, the Secretary shall, by
written notice, authorize the eligible product
developer to obtain sufficient quantities of an
individual covered product subject to a REMS
with ETASU for purposes of--
(I) development and testing that
does not involve human clinical trials,
if the eligible product developer has
agreed to comply with any conditions
the Secretary determines necessary; or
(II) development and testing that
involves human clinical trials, if the
eligible product developer has--
(aa)(AA) submitted
protocols, informed consent
documents, and informational
materials for testing that
include protections that
provide safety protections
comparable to those provided by
the REMS for the covered
product; or
(BB) otherwise satisfied
the Secretary that such
protections will be provided;
and
(bb) met any other
requirements the Secretary may
establish.
(iii) Notice.--A covered product
authorization issued under this subparagraph
shall state that the provision of the covered
product by the license holder under the terms
of the authorization will not be a violation of
the REMS for the covered product.
(3) Affirmative defense.--In a civil action brought under
paragraph (1), it shall be an affirmative defense, on which the
defendant has the burden of persuasion by a preponderance of
the evidence--
(A) that, on the date on which the eligible product
developer requested to purchase sufficient quantities
of the covered product from the license holder--
(i) neither the license holder nor any of
its agents, wholesalers, or distributors was
engaged in the manufacturing or commercial
marketing of the covered product; and
(ii) neither the license holder nor any of
its agents, wholesalers, or distributors
otherwise had access to inventory of the
covered product to supply to the eligible
product developer on commercially reasonable,
market-based terms;
(B) that--
(i) the license holder sells the covered
product through agents, distributors, or
wholesalers;
(ii) the license holder has placed no
restrictions, explicit or implicit, on its
agents, distributors, or wholesalers to sell
covered products to eligible product
developers; and
(iii) the covered product can be purchased
by the eligible product developer in sufficient
quantities on commercially reasonable, market-
based terms from the agents, distributors, or
wholesalers of the license holder; or
(C) that the license holder made an offer to the
individual specified pursuant to paragraph
(2)(A)(iii)(III), by a means of communication
(electronic, written, or both) specified pursuant to
such paragraph, to sell sufficient quantities of the
covered product to the eligible product developer at
commercially reasonable market-based terms--
(i) for a covered product that is not
subject to a REMS with ETASU, by the date that
is 14 days after the date on which the license
holder received the request for the covered
product, and the eligible product developer did
not accept such offer by the date that is 7
days after the date on which the eligible
product developer received such offer from the
license holder; or
(ii) for a covered product that is subject
to a REMS with ETASU, by the date that is 20
days after the date on which the license holder
received the request for the covered product,
and the eligible product developer did not
accept such offer by the date that is 10 days
after the date on which the eligible product
developer received such offer from the license
holder.
(4) Remedies.--
(A) In general.--If an eligible product developer
prevails in a civil action brought under paragraph (1),
the court shall--
(i) order the license holder to provide to
the eligible product developer without delay
sufficient quantities of the covered product on
commercially reasonable, market-based terms;
(ii) award to the eligible product
developer reasonable attorney's fees and costs
of the civil action; and
(iii) award to the eligible product
developer a monetary amount sufficient to deter
the license holder from failing to provide
eligible product developers with sufficient
quantities of a covered product on commercially
reasonable, market-based terms, if the court
finds, by a preponderance of the evidence--
(I) that the license holder delayed
providing sufficient quantities of the
covered product to the eligible product
developer without a legitimate business
justification; or
(II) that the license holder failed
to comply with an order issued under
clause (i).
(B) Maximum monetary amount.--A monetary amount
awarded under subparagraph (A)(iii) shall not be
greater than the revenue that the license holder earned
on the covered product during the period--
(i) beginning on--
(I) for a covered product that is
not subject to a REMS with ETASU, the
date that is 31 days after the date on
which the license holder received the
request; or
(II) for a covered product that is
subject to a REMS with ETASU, the date
that is 31 days after the later of--
(aa) the date on which the
license holder received the
request; or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
paragraph (2)(B); and
(ii) ending on the date on which the
eligible product developer received sufficient
quantities of the covered product.
(C) Avoidance of delay.--The court may issue an
order under subparagraph (A)(i) before conducting
further proceedings that may be necessary to determine
whether the eligible product developer is entitled to
an award under clause (ii) or (iii) of subparagraph
(A), or the amount of any such award.
(c) Limitation of Liability.--A license holder for a covered
product shall not be liable for any claim under Federal, State, or
local law arising out of the failure of an eligible product developer
to follow adequate safeguards to assure safe use of the covered product
during development or testing activities described in this section,
including transportation, handling, use, or disposal of the covered
product by the eligible product developer.
(d) No Violation of REMS.--Section 505-1 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355-1) is amended by adding at the end the
following new subsection:
``(l) Provision of Samples Not a Violation of Strategy.--The
provision of samples of a covered product to an eligible product
developer (as those terms are defined in section 610(a) of division N
of the Further Consolidated Appropriations Act, 2020) shall not be
considered a violation of the requirements of any risk evaluation and
mitigation strategy that may be in place under this section for such
drug.''.
(e) Rule of Construction.--
(1) Definition.--In this subsection, the term ``antitrust
laws''--
(A) has the meaning given the term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12); and
(B) includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such
section applies to unfair methods of competition.
(2) Antitrust laws.--Nothing in this section shall be
construed to limit the operation of any provision of the
antitrust laws.
(f) REMS Approval Process for Subsequent Filers.--Section 505-1 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1), as amended
by subsection (d), is further amended--
(1) in subsection (g)(4)(B)--
(A) in clause (i) by striking ``or'' after the
semicolon;
(B) in clause (ii) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) accommodate different, comparable
aspects of the elements to assure safe use for
a drug that is the subject of an application
under section 505(j), and the applicable listed
drug.'';
(2) in subsection (i)(1), by striking subparagraph (C) and
inserting the following:
``(C)(i) Elements to assure safe use, if required
under subsection (f) for the listed drug, which,
subject to clause (ii), for a drug that is the subject
of an application under section 505(j) may use--
``(I) a single, shared system with the
listed drug under subsection (f); or
``(II) a different, comparable aspect of
the elements to assure safe use under
subsection (f).
``(ii) The Secretary may require a drug that is the
subject of an application under section 505(j) and the
listed drug to use a single, shared system under
subsection (f), if the Secretary determines that no
different, comparable aspect of the elements to assure
safe use could satisfy the requirements of subsection
(f).'';
(3) in subsection (i), by adding at the end the following:
``(3) Shared rems.--If the Secretary approves, in
accordance with paragraph (1)(C)(i)(II), a different,
comparable aspect of the elements to assure safe use under
subsection (f) for a drug that is the subject of an abbreviated
new drug application under section 505(j), the Secretary may
require that such different comparable aspect of the elements
to assure safe use can be used with respect to any other drug
that is the subject of an application under section 505(j) or
505(b) that references the same listed drug.''; and
(4) by adding at the end the following:
``(m) Separate REMS.--When used in this section, the term
`different, comparable aspect of the elements to assure safe use' means
a risk evaluation and mitigation strategy for a drug that is the
subject of an application under section 505(j) that uses different
methods or operational means than the strategy required under
subsection (a) for the applicable listed drug, or other application
under section 505(j) with the same such listed drug, but achieves the
same level of safety as such strategy.''.
(g) Rule of Construction.--Nothing in this section, the amendments
made by this section, or in section 505-1 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355-1), shall be construed as--
(1) prohibiting a license holder from providing an eligible
product developer access to a covered product in the absence of
an authorization under this section; or
(2) in any way negating the applicability of a REMS with
ETASU, as otherwise required under such section 505-1, with
respect to such covered product.
DIVISION O--SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT
SEC. 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Setting Every
Community Up for Retirement Enhancement Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title, etc.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
Sec. 101. Multiple employer plans; pooled employer plans.
Sec. 102. Increase in 10 percent cap for automatic enrollment
safe harbor after 1st plan year.
Sec. 103. Rules relating to election of safe harbor 401(k)
status.
Sec. 104. Increase in credit limitation for small employer
pension plan startup costs.
Sec. 105. Small employer automatic enrollment credit.
Sec. 106. Certain taxable non-tuition fellowship and stipend
payments treated as compensation
for IRA purposes.
Sec. 107. Repeal of maximum age for traditional IRA
contributions.
Sec. 108. Qualified employer plans prohibited from making loans
through credit cards and other
similar arrangements.
Sec. 109. Portability of lifetime income options.
Sec. 110. Treatment of custodial accounts on termination of
section 403(b) plans.
Sec. 111. Clarification of retirement income account rules
relating to church-controlled
organizations.
Sec. 112. Qualified cash or deferred arrangements must allow
long-term employees working more
than 500 but less than 1,000 hours
per year to participate.
Sec. 113. Penalty-free withdrawals from retirement plans for
individuals in case of birth of
child or adoption.
Sec. 114. Increase in age for required beginning date for
mandatory distributions.
Sec. 115. Special rules for minimum funding standards for
community newspaper plans.
Sec. 116. Treating excluded difficulty of care payments as
compensation for determining
retirement contribution
limitations.
TITLE II--ADMINISTRATIVE IMPROVEMENTS
Sec. 201. Plan adopted by filing due date for year may be
treated as in effect as of close of
year.
Sec. 202. Combined annual report for group of plans.
Sec. 203. Disclosure regarding lifetime income.
Sec. 204. Fiduciary safe harbor for selection of lifetime
income provider.
Sec. 205. Modification of nondiscrimination rules to protect
older, longer service participants.
Sec. 206. Modification of PBGC premiums for CSEC plans.
TITLE III--OTHER BENEFITS
Sec. 301. Benefits provided to volunteer firefighters and
emergency medical responders.
Sec. 302. Expansion of section 529 plans.
TITLE IV--REVENUE PROVISIONS
Sec. 401. Modification of required distribution rules for
designated beneficiaries.
Sec. 402. Increase in penalty for failure to file.
Sec. 403. Increased penalties for failure to file retirement
plan returns.
Sec. 404. Increase information sharing to administer excise
taxes.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
Sec. 501. Modification of rules relating to the taxation of
unearned income of certain
children.
TITLE VI--ADMINISTRATIVE PROVISIONS
Sec. 601. Provisions relating to plan amendments.
TITLE I--EXPANDING AND PRESERVING RETIREMENT SAVINGS
SEC. 101. MULTIPLE EMPLOYER PLANS; POOLED EMPLOYER PLANS.
(a) Qualification Requirements.--
(1) In general.--Section 413 of the
Internal Revenue Code of 1986 is
amended by adding at the end the
following new subsection:
``(e) Application of Qualification Requirements for Certain Multiple
Employer Plans With Pooled Plan Providers.--
``(1) In general.--Except as provided
in paragraph (2), if a defined
contribution plan to which subsection
(c) applies--
``(A) is maintained by employers which have a
common interest other than having adopted the plan,
or.
``(B) in the case of a plan not described in
subparagraph (A), has a pooled plan provider,.
then the plan shall not be treated as
failing to meet the requirements under
this title applicable to a plan
described in section 401(a) or to a
plan that consists of individual
retirement accounts described in
section 408 (including by reason of
subsection (c) thereof), whichever is
applicable, merely because one or more
employers of employees covered by the
plan fail to take such actions as are
required of such employers for the plan
to meet such requirements.
``(2) Limitations.--
``(A) In general.--Paragraph (1) shall not
apply to any plan unless the terms of the plan
provide that in the case of any employer in the
plan failing to take the actions described in
paragraph (1)--.
``(i) the assets of the plan
attributable to employees of
such employer (or beneficiaries
of such employees) will be
transferred to a plan
maintained only by such
employer (or its successor), to
an eligible retirement plan as
defined in section 402(c)(8)(B)
for each individual whose
account is transferred, or to
any other arrangement that the
Secretary determines is
appropriate, unless the
Secretary determines it is in
the best interests of the
employees of such employer (and
the beneficiaries of such
employees) to retain the assets
in the plan, and.
``(ii) such employer (and not
the plan with respect to which
the failure occurred or any
other employer in such plan)
shall, except to the extent
provided by the Secretary, be
liable for any liabilities with
respect to such plan
attributable to employees of
such employer (or beneficiaries
of such employees)..
``(B) Failures by pooled plan providers.--If
the pooled plan provider of a plan described in
paragraph (1)(B) does not perform substantially all
of the administrative duties which are required of
the provider under paragraph (3)(A)(i) for any plan
year, the Secretary may provide that the
determination as to whether the plan meets the
requirements under this title applicable to a plan
described in section 401(a) or to a plan that
consists of individual retirement accounts
described in section 408 (including by reason of
subsection (c) thereof), whichever is applicable,
shall be made in the same manner as would be made
without regard to paragraph (1)..
``(3) Pooled plan provider.--
``(A) In general.--For purposes of this
subsection, the term `pooled plan provider' means,
with respect to any plan, a person who--.
``(i) is designated by the
terms of the plan as a named
fiduciary (within the meaning
of section 402(a)(2) of the
Employee Retirement Income
Security Act of 1974), as the
plan administrator, and as the
person responsible to perform
all administrative duties
(including conducting proper
testing with respect to the
plan and the employees of each
employer in the plan) which are
reasonably necessary to ensure
that--.
<RULE>
``(I) the
plan meets
any
requirement
applicable
under the
Employee
Retirement
Income
Security Act
of 1974 or
this title
to a plan
described in
section
401(a) or to
a plan that
consists of
individual
retirement
accounts
described in
section 408
(including
by reason of
subsection
(c)
thereof),
whichever is
applicable,
and_________
<RULE>
``(II) each
employer in
the plan
takes such
actions as
the
Secretary or
such person
determines
are
necessary
for the plan
to meet the
requirements
described in
subclause
(I),
including
providing to
such person
any
disclosures
or other
information
which the
Secretary
may require
or which
such person
otherwise
determines
are
necessary to
administer
the plan or
to allow the
plan to meet
such
requirements,
____________
``(ii) registers as a pooled
plan provider with the
Secretary, and provides such
other information to the
Secretary as the Secretary may
require, before beginning
operations as a pooled plan
provider,.
``(iii) acknowledges in writing
that such person is a named
fiduciary (within the meaning
of section 402(a)(2) of the
Employee Retirement Income
Security Act of 1974), and the
plan administrator, with
respect to the plan, and.
``(iv) is responsible for
ensuring that all persons who
handle assets of, or who are
fiduciaries of, the plan are
bonded in accordance with
section 412 of the Employee
Retirement Income Security Act
of 1974..
``(B) Audits, examinations and
investigations.--The Secretary may perform audits,
examinations, and investigations of pooled plan
providers as may be necessary to enforce and carry
out the purposes of this subsection..
``(C) Aggregation rules.--For purposes of this
paragraph, in determining whether a person meets
the requirements of this paragraph to be a pooled
plan provider with respect to any plan, all persons
who perform services for the plan and who are
treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as
one person..
``(D) Treatment of employers as plan
sponsors.--Except with respect to the
administrative duties of the pooled plan provider
described in subparagraph (A)(i), each employer in
a plan which has a pooled plan provider shall be
treated as the plan sponsor with respect to the
portion of the plan attributable to employees of
such employer (or beneficiaries of such
employees)..
``(4) Guidance.--
``(A) In general.--The Secretary shall issue
such guidance as the Secretary determines
appropriate to carry out this subsection, including
guidance--.
``(i) to identify the
administrative duties and other
actions required to be
performed by a pooled plan
provider under this
subsection,.
``(ii) which describes the
procedures to be taken to
terminate a plan which fails to
meet the requirements to be a
plan described in paragraph
(1), including the proper
treatment of, and actions
needed to be taken by, any
employer in the plan and the
assets and liabilities of the
plan attributable to employees
of such employer (or
beneficiaries of such
employees), and.
``(iii) identifying appropriate
cases to which the rules of
paragraph (2)(A) will apply to
employers in the plan failing
to take the actions described
in paragraph (1)..
The Secretary shall take into account under clause
(iii) whether the failure of an employer or pooled
plan provider to provide any disclosures or other
information, or to take any other action, necessary
to administer a plan or to allow a plan to meet
requirements applicable to the plan under section
401(a) or 408, whichever is applicable, has
continued over a period of time that demonstrates a
lack of commitment to compliance..
``(B) Good faith compliance with law before
guidance.--An employer or pooled plan provider
shall not be treated as failing to meet a
requirement of guidance issued by the Secretary
under this paragraph if, before the issuance of
such guidance, the employer or pooled plan provider
complies in good faith with a reasonable
interpretation of the provisions of this subsection
to which such guidance relates..
``(5) Model plan.--The Secretary shall
publish model plan language which meets
the requirements of this subsection and
of paragraphs (43) and (44) of section
3 of the Employee Retirement Income
Security Act of 1974 and which may be
adopted in order for a plan to be
treated as a plan described in
paragraph (1)(B).''.
(2) Conforming amendment.--Section
413(c)(2) of such Code is amended by
striking ``section 401(a)'' and
inserting ``sections 401(a) and
408(c)''.
(3) Technical amendment.--Section
408(c) of such Code is amended by
inserting after paragraph (2) the
following new paragraph:
``(3) There is a separate accounting
for any interest of an employee or
member (or spouse of an employee or
member) in a Roth IRA.''.
(b) No Common Interest Required for Pooled Employer Plans.--Section
3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)) is amended by adding at the end the following:
``(C) A pooled employer plan shall be treated
as--.
``(i) a single employee pension
benefit plan or single pension
plan; and.
``(ii) a plan to which section
210(a) applies.''..
(c) Pooled Employer Plan and Provider Defined.--
(1) In general.--Section 3 of the
Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002) is amended by
adding at the end the following:
``(43) Pooled employer plan.--
``(A) In general.--The term `pooled employer
plan' means a plan--.
``(i) which is an individual
account plan established or
maintained for the purpose of
providing benefits to the
employees of 2 or more
employers;.
``(ii) which is a plan
described in section 401(a) of
the Internal Revenue Code of
1986 which includes a trust
exempt from tax under section
501(a) of such Code or a plan
that consists of individual
retirement accounts described
in section 408 of such Code
(including by reason of
subsection (c) thereof); and.
``(iii) the terms of which meet
the requirements of
subparagraph (B)..
Such term shall not include a plan maintained by
employers which have a common interest other than
having adopted the plan..
``(B) Requirements for plan terms.--The
requirements of this subparagraph are met with
respect to any plan if the terms of the plan--.
``(i) designate a pooled plan
provider and provide that the
pooled plan provider is a named
fiduciary of the plan;.
``(ii) designate one or more
trustees meeting the
requirements of section
408(a)(2) of the Internal
Revenue Code of 1986 (other
than an employer in the plan)
to be responsible for
collecting contributions to,
and holding the assets of, the
plan and require such trustees
to implement written
contribution collection
procedures that are reasonable,
diligent, and systematic;.
``(iii) provide that each
employer in the plan retains
fiduciary responsibility for--.
<RULE>
``(I) the
selection
and
monitoring
in
accordance
with section
404(a) of
the person
designated
as the
pooled plan
provider and
any other
person who,
in addition
to the
pooled plan
provider, is
designated
as a named
fiduciary of
the plan;
and_________
<RULE>
``(II) to
the extent
not
otherwise
delegated to
another
fiduciary by
the pooled
plan
provider and
subject to
the
provisions
of section
404(c), the
investment
and
management
of the
portion of
the plan's
assets
attributable
to the
employees of
the employer
(or
beneficiaries
of such
employees);_
``(iv) provide that employers
in the plan, and participants
and beneficiaries, are not
subject to unreasonable
restrictions, fees, or
penalties with regard to
ceasing participation, receipt
of distributions, or otherwise
transferring assets of the plan
in accordance with section 208
or paragraph (44)(C)(i)(II);.
``(v) require--................
<RULE>
``(I) the
pooled plan
provider to
provide to
employers in
the plan any
disclosures
or other
information
which the
Secretary
may require,
including
any
disclosures
or other
information
to
facilitate
the
selection or
any
monitoring
of the
pooled plan
provider by
employers in
the plan;
and_________
<RULE>
``(II) each
employer in
the plan to
take such
actions as
the
Secretary or
the pooled
plan
provider
determines
are
necessary to
administer
the plan or
for the plan
to meet any
requirement
applicable
under this
Act or the
Internal
Revenue Code
of 1986 to a
plan
described in
section
401(a) of
such Code or
to a plan
that
consists of
individual
retirement
accounts
described in
section 408
of such Code
(including
by reason of
subsection
(c)
thereof),
whichever is
applicable,
including
providing
any
disclosures
or other
information
which the
Secretary
may require
or which the
pooled plan
provider
otherwise
determines
are
necessary to
administer
the plan or
to allow the
plan to meet
such
requirements;
and________
``(vi) provide that any
disclosure or other information
required to be provided under
clause (v) may be provided in
electronic form and will be
designed to ensure only
reasonable costs are imposed on
pooled plan providers and
employers in the plan..
``(C) Exceptions.--The term `pooled employer
plan' does not include--.
``(i) a multiemployer plan; or.
``(ii) a plan established
before the date of the
enactment of the Setting Every
Community Up for Retirement
Enhancement Act of 2019 unless
the plan administrator elects
that the plan will be treated
as a pooled employer plan and
the plan meets the requirements
of this title applicable to a
pooled employer plan
established on or after such
date..
``(D) Treatment of employers as plan
sponsors.--Except with respect to the
administrative duties of the pooled plan provider
described in paragraph (44)(A)(i), each employer in
a pooled employer plan shall be treated as the plan
sponsor with respect to the portion of the plan
attributable to employees of such employer (or
beneficiaries of such employees)..
``(44) Pooled plan provider.--
``(A) In general.--The term `pooled plan
provider' means a person who--.
``(i) is designated by the
terms of a pooled employer plan
as a named fiduciary, as the
plan administrator, and as the
person responsible for the
performance of all
administrative duties
(including conducting proper
testing with respect to the
plan and the employees of each
employer in the plan) which are
reasonably necessary to ensure
that--.
<RULE>
``(I) the
plan meets
any
requirement
applicable
under this
Act or the
Internal
Revenue Code
of 1986 to a
plan
described in
section
401(a) of
such Code or
to a plan
that
consists of
individual
retirement
accounts
described in
section 408
of such Code
(including
by reason of
subsection
(c)
thereof),
whichever is
applicable;
and_________
<RULE>
``(II) each
employer in
the plan
takes such
actions as
the
Secretary or
pooled plan
provider
determines
are
necessary
for the plan
to meet the
requirements
described in
subclause
(I),
including
providing
the
disclosures
and
information
described in
paragraph
(43)(B)(v)(II
);__________
``(ii) registers as a pooled
plan provider with the
Secretary, and provides to the
Secretary such other
information as the Secretary
may require, before beginning
operations as a pooled plan
provider;.
``(iii) acknowledges in writing
that such person is a named
fiduciary, and the plan
administrator, with respect to
the pooled employer plan; and.
``(iv) is responsible for
ensuring that all persons who
handle assets of, or who are
fiduciaries of, the pooled
employer plan are bonded in
accordance with section 412..
``(B) Audits, examinations and
investigations.--The Secretary may perform audits,
examinations, and investigations of pooled plan
providers as may be necessary to enforce and carry
out the purposes of this paragraph and paragraph
(43)..
``(C) Guidance.--The Secretary shall issue such
guidance as the Secretary determines appropriate to
carry out this paragraph and paragraph (43),
including guidance--.
``(i) to identify the
administrative duties and other
actions required to be
performed by a pooled plan
provider under either such
paragraph; and.
``(ii) which requires in
appropriate cases that if an
employer in the plan fails to
take the actions required under
subparagraph (A)(i)(II)--.
<RULE>
``(I) the
assets of
the plan
attributable
to employees
of such
employer (or
beneficiaries
of such
employees)
are
transferred
to a plan
maintained
only by such
employer (or
its
successor),
to an
eligible
retirement
plan as
defined in
section
402(c)(8)(B)
of the
Internal
Revenue Code
of 1986 for
each
individual
whose
account is
transferred,
or to any
other
arrangement
that the
Secretary
determines
is
appropriate
in such
guidance;
and_________
<RULE>
``(II) such
employer
(and not the
plan with
respect to
which the
failure
occurred or
any other
employer in
such plan)
shall,
except to
the extent
provided in
such
guidance, be
liable for
any
liabilities
with respect
to such plan
attributable
to employees
of such
employer (or
beneficiaries
of such
employees)._
The Secretary shall take into
account under clause (ii)
whether the failure of an
employer or pooled plan
provider to provide any
disclosures or other
information, or to take any
other action, necessary to
administer a plan or to allow a
plan to meet requirements
described in subparagraph
(A)(i)(II) has continued over a
period of time that
demonstrates a lack of
commitment to compliance. The
Secretary may waive the
requirements of subclause
(ii)(I) in appropriate
circumstances if the Secretary
determines it is in the best
interests of the employees of
the employer referred to in
such clause (and the
beneficiaries of such
employees) to retain the assets
in the plan with respect to
which the employer's failure
occurred..
``(D) Good faith compliance with law before
guidance.--An employer or pooled plan provider
shall not be treated as failing to meet a
requirement of guidance issued by the Secretary
under subparagraph (C) if, before the issuance of
such guidance, the employer or pooled plan provider
complies in good faith with a reasonable
interpretation of the provisions of this paragraph,
or paragraph (43), to which such guidance relates..
``(E) Aggregation rules.--For purposes of this
paragraph, in determining whether a person meets
the requirements of this paragraph to be a pooled
plan provider with respect to any plan, all persons
who perform services for the plan and who are
treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as one
person.''..
(2) Bonding requirements for pooled
employer plans.--The last sentence of
section 412(a) of the Employee
Retirement Income Security Act of 1974
(29 U.S.C. 1112(a)) is amended by
inserting ``or in the case of a pooled
employer plan (as defined in section
3(43))'' after ``section 407(d)(1))''.
(3) Conforming and technical
amendments.--Section 3 of the Employee
Retirement Income Security Act of 1974
(29 U.S.C. 1002) is amended--
(A) in paragraph (16)(B)--.....................
(i) by striking ``or'' at the
end of clause (ii); and.
(ii) by striking the period at
the end and inserting ``, or
(iv) in the case of a pooled
employer plan, the pooled plan
provider.''; and.
(B) by striking the second paragraph (41)......
(d) Pooled Employer and Multiple Employer Plan Reporting.--
(1) Additional information.--Section
103 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1023)
is amended--
(A) in subsection (a)(1)(B), by striking
``applicable subsections (d), (e), and (f)'' and
inserting ``applicable subsections (d), (e), (f),
and (g)''; and.
(B) by amending subsection (g) to read as
follows:.
``(g) Additional Information With Respect to Pooled Employer and
Multiple Employer Plans.--An annual report under this section for a plan
year shall include--
``(1) with respect to any plan to which
section 210(a) applies (including a
pooled employer plan), a list of
employers in the plan and a good faith
estimate of the percentage of total
contributions made by such employers
during the plan year and the aggregate
account balances attributable to each
employer in the plan (determined as the
sum of the account balances of the
employees of such employer (and the
beneficiaries of such employees)); and
``(2) with respect to a pooled employer
plan, the identifying information for
the person designated under the terms
of the plan as the pooled plan
provider.''.
(2) Simplified annual reports.--Section
104(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1024(a)) is amended by striking
paragraph (2)(A) and inserting the
following:
``(2)(A) With respect to annual reports required to be filed with the
Secretary under this part, the Secretary may by regulation prescribe
simplified annual reports for any pension plan that--
``(i) covers fewer than 100
participants; or
``(ii) is a plan described in section
210(a) that covers fewer than 1,000
participants, but only if no single
employer in the plan has 100 or more
participants covered by the plan.''.
(e) Effective Date.--
(1) In general.--The amendments made by
this section shall apply to plan years
beginning after December 31, 2020.
(2) Rule of construction.--Nothing in
the amendments made by subsection (a)
shall be construed as limiting the
authority of the Secretary of the
Treasury or the Secretary's delegate
(determined without regard to such
amendment) to provide for the proper
treatment of a failure to meet any
requirement applicable under the
Internal Revenue Code of 1986 with
respect to one employer (and its
employees) in a multiple employer plan.
SEC. 102. INCREASE IN 10 PERCENT CAP FOR AUTOMATIC ENROLLMENT SAFE HARBOR
AFTER 1ST PLAN YEAR.
(a) In General.--Section 401(k)(13)(C)(iii) of the Internal Revenue
Code of 1986 is amended by striking ``does not exceed 10 percent'' and
inserting ``does not exceed 15 percent (10 percent during the period
described in subclause (I))''.
(b) Effective Date.--The amendments made by this section shall apply to
plan years beginning after December 31, 2019.
SEC. 103. RULES RELATING TO ELECTION OF SAFE HARBOR 401(k) STATUS.
(a) Limitation of Annual Safe Harbor Notice to Matching Contribution
Plans.--
(1) In general.--Subparagraph (A) of
section 401(k)(12) of the Internal
Revenue Code of 1986 is amended by
striking ``if such arrangement'' and
all that follows and inserting ``if
such arrangement--
``(i) meets the contribution
requirements of subparagraph
(B) and the notice requirements
of subparagraph (D), or.
``(ii) meets the contribution
requirements of subparagraph
(C).''..
(2) Automatic contribution
arrangements.--Subparagraph (B) of
section 401(k)(13) of such Code is
amended by striking ``means'' and all
that follows and inserting ``means a
cash or deferred arrangement--
``(i) which is described in
subparagraph (D)(i)(I) and
meets the applicable
requirements of subparagraphs
(C) through (E), or.
``(ii) which is described in
subparagraph (D)(i)(II) and
meets the applicable
requirements of subparagraphs
(C) and (D).''..
(b) Nonelective Contributions.--Section 401(k)(12) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (F) as
subparagraph (G), and by inserting after subparagraph (E) the following new
subparagraph:
``(F) Timing of plan amendment for employer
making nonelective contributions.--.
``(i) In general.--Except as
provided in clause (ii), a plan
may be amended after the
beginning of a plan year to
provide that the requirements
of subparagraph (C) shall apply
to the arrangement for the plan
year, but only if the amendment
is adopted--.
<RULE>
``(I) at any
time before
the 30th day
before the
close of the
plan year,
or__________
<RULE>
``(II) at
any time
before the
last day
under
paragraph
(8)(A) for
distributing
excess
contributions
for the
plan year.__
``(ii) Exception where plan
provided for matching
contributions.--Clause (i)
shall not apply to any plan
year if the plan provided at
any time during the plan year
that the requirements of
subparagraph (B) or paragraph
(13)(D)(i)(I) applied to the
plan year..
``(iii) 4-percent contribution
requirement.--Clause (i)(II)
shall not apply to an
arrangement unless the amount
of the contributions described
in subparagraph (C) which the
employer is required to make
under the arrangement for the
plan year with respect to any
employee is an amount equal to
at least 4 percent of the
employee's compensation.''..
(c) Automatic Contribution Arrangements.--Section 401(k)(13) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(F) Timing of plan amendment for employer
making nonelective contributions.--.
``(i) In general.--Except as
provided in clause (ii), a plan
may be amended after the
beginning of a plan year to
provide that the requirements
of subparagraph (D)(i)(II)
shall apply to the arrangement
for the plan year, but only if
the amendment is adopted--.
<RULE>
``(I) at any
time before
the 30th day
before the
close of the
plan year,
or__________
<RULE>
``(II) at
any time
before the
last day
under
paragraph
(8)(A) for
distributing
excess
contributions
for the
plan year.__
``(ii) Exception where plan
provided for matching
contributions.--Clause (i)
shall not apply to any plan
year if the plan provided at
any time during the plan year
that the requirements of
subparagraph (D)(i)(I) or
paragraph (12)(B) applied to
the plan year..
``(iii) 4-percent contribution
requirement.--Clause (i)(II)
shall not apply to an
arrangement unless the amount
of the contributions described
in subparagraph (D)(i)(II)
which the employer is required
to make under the arrangement
for the plan year with respect
to any employee is an amount
equal to at least 4 percent of
the employee's
compensation.''..
(d) Effective Date.--The amendments made by this section shall apply to
plan years beginning after December 31, 2019.
SEC. 104. INCREASE IN CREDIT LIMITATION FOR SMALL EMPLOYER PENSION PLAN
STARTUP COSTS.
(a) In General.--Paragraph (1) of section 45E(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) for the first credit year and
each of the 2 taxable years immediately
following the first credit year, the
greater of--
``(A) $500, or.................................
``(B) the lesser of--..........................
``(i) $250 for each employee of
the eligible employer who is
not a highly compensated
employee (as defined in section
414(q)) and who is eligible to
participate in the eligible
employer plan maintained by the
eligible employer, or.
``(ii) $5,000, and''...........
(b) Effective Date.--The amendment made by this section shall apply to
taxable years beginning after December 31, 2019.
SEC. 105. SMALL EMPLOYER AUTOMATIC ENROLLMENT CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 45T. AUTO-ENROLLMENT OPTION FOR RETIREMENT SAVINGS OPTIONS PROVIDED
BY SMALL EMPLOYERS.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the retirement auto-enrollment credit determined under
this section for any taxable year is an amount equal to--
``(1) $500 for any taxable year
occurring during the credit period, and
``(2) zero for any other taxable year.
``(b) Credit Period.--For purposes of subsection (a)--
``(1) In general.--The credit period
with respect to any eligible employer
is the 3-taxable-year period beginning
with the first taxable year for which
the employer includes an eligible
automatic contribution arrangement (as
defined in section 414(w)(3)) in a
qualified employer plan (as defined in
section 4972(d)) sponsored by the
employer.
``(2) Maintenance of arrangement.--No
taxable year with respect to an
employer shall be treated as occurring
within the credit period unless the
arrangement described in paragraph (1)
is included in the plan for such year.
``(c) Eligible Employer.--For purposes of this section, the term
`eligible employer' has the meaning given such term in section
408(p)(2)(C)(i).''.
(b) Credit To Be Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (31), by striking the period at the end of
paragraph (32) and inserting ``, plus'', and by adding at the end the
following new paragraph:
``(33) in the case of an eligible
employer (as defined in section
45T(c)), the retirement auto-enrollment
credit determined under section
45T(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of part IV
of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 45S the following
new item:
``Sec. 45T. Auto-enrollment option for retirement savings
options provided by small
employers.''.
(d) Effective Date.--The amendments made by this section shall apply to
taxable years beginning after December 31, 2019.
SEC. 106. CERTAIN TAXABLE NON-TUITION FELLOWSHIP AND STIPEND PAYMENTS
TREATED AS COMPENSATION FOR IRA PURPOSES.
(a) In General.--Paragraph (1) of section 219(f) of the Internal
Revenue Code of 1986 is amended by adding at the end the following: ``The
term `compensation' shall include any amount which is included in the
individual's gross income and paid to the individual to aid the individual
in the pursuit of graduate or postdoctoral study.''.
(b) Effective Date.--The amendment made by this section shall apply to
taxable years beginning after December 31, 2019.
SEC. 107. REPEAL OF MAXIMUM AGE FOR TRADITIONAL IRA CONTRIBUTIONS.
(a) In General.--Paragraph (1) of section 219(d) of the Internal
Revenue Code of 1986 is repealed.
(b) Coordination With Qualified Charitable Distributions.--Add at the
end of section 408(d)(8)(A) of such Code the following: ``The amount of
distributions not includible in gross income by reason of the preceding
sentence for a taxable year (determined without regard to this sentence)
shall be reduced (but not below zero) by an amount equal to the excess of--
``(i) the aggregate amount of
deductions allowed to the
taxpayer under section 219 for
all taxable years ending on or
after the date the taxpayer
attains age 70\1/2\, over.
``(ii) the aggregate amount of
reductions under this sentence
for all taxable years preceding
the current taxable year.''..
(c) Conforming Amendment.--Subsection (c) of section 408A of the
Internal Revenue Code of 1986 is amended by striking paragraph (4) and by
redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6),
respectively.
(d) Effective Date.--
(1) In general.--Except as provided in
paragraph (2), the amendments made by
this section shall apply to
contributions made for taxable years
beginning after December 31, 2019.
(2) Subsection (b).--The amendment made
by subsection (b) shall apply to
distributions made for taxable years
beginning after December 31, 2019.
SEC. 108. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS THROUGH
CREDIT CARDS AND OTHER SIMILAR ARRANGEMENTS.
(a) In General.--Paragraph (2) of section 72(p) of the Internal Revenue
Code of 1986 is amended by redesignating subparagraph (D) as subparagraph
(E) and by inserting after subparagraph (C) the following new subparagraph:
``(D) Prohibition of loans through credit cards
and other similar arrangements.--Subparagraph (A)
shall not apply to any loan which is made through
the use of any credit card or any other similar
arrangement.''..
(b) Effective Date.--The amendments made by subsection (a) shall apply
to loans made after the date of the enactment of this Act.
SEC. 109. PORTABILITY OF LIFETIME INCOME OPTIONS.
(a) In General.--Subsection (a) of section 401 of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (37) the following new
paragraph:
``(38) Portability of lifetime
income.--
``(A) In general.--Except as may be otherwise
provided by regulations, a trust forming part of a
defined contribution plan shall not be treated as
failing to constitute a qualified trust under this
section solely by reason of allowing--.
``(i) qualified distributions
of a lifetime income
investment, or.
``(ii) distributions of a
lifetime income investment in
the form of a qualified plan
distribution annuity contract,.
on or after the date that is 90 days prior to the
date on which such lifetime income investment is no
longer authorized to be held as an investment
option under the plan..
``(B) Definitions.--For purposes of this
subsection--.
``(i) the term `qualified
distribution' means a direct
trustee-to-trustee transfer
described in paragraph (31)(A)
to an eligible retirement plan
(as defined in section
402(c)(8)(B)),.
``(ii) the term `lifetime
income investment' means an
investment option which is
designed to provide an employee
with election rights--.
<RULE>
``(I) which
are not
uniformly
available
with respect
to other
investment
options
under the
plan, and___
<RULE>
``(II) which
are to a
lifetime
income
feature
available
through a
contract or
other
arrangement
offered
under the
plan (or
under
another
eligible
retirement
plan (as so
defined), if
paid by
means of a
direct
trustee-to-
trustee
transfer
described in
paragraph
(31)(A) to
such other
eligible
retirement
plan),______
``(iii) the term `lifetime
income feature' means--.
<RULE>
``(I) a
feature
which
guarantees a
minimum
level of
income
annually (or
more
frequently)
for at least
the
remainder of
the life of
the employee
or the joint
lives of the
employee and
the
employee's
designated
beneficiary,
or__________
<RULE>
``(II) an
annuity
payable on
behalf of
the employee
under which
payments are
made in
substantially
equal
periodic
payments
(not less
frequently
than
annually)
over the
life of the
employee or
the joint
lives of the
employee and
the
employee's
designated
beneficiary,
and_________
``(iv) the term `qualified plan
distribution annuity contract'
means an annuity contract
purchased for a participant and
distributed to the participant
by a plan or contract described
in subparagraph (B) of section
402(c)(8) (without regard to
clauses (i) and (ii)
thereof).''..
(b) Cash or Deferred Arrangement.--
(1) In general.--Clause (i) of section
401(k)(2)(B) of the Internal Revenue
Code of 1986 is amended by striking
``or'' at the end of subclause (IV), by
striking ``and'' at the end of
subclause (V) and inserting ``or'', and
by adding at the end the following new
subclause:
<RULE>
``(VI)
except as
may be
otherwise
provided by
regulations,
with respect
to amounts
invested in
a lifetime
income
investment
(as defined
in
subsection
(a)(38)(B)(ii
)), the date
that is 90
days prior
to the date
that such
lifetime
income
investment
may no
longer be
held as an
investment
option under
the
arrangement,
and''.______
(2) Distribution requirement.--
Subparagraph (B) of section 401(k)(2)
of such Code, as amended by paragraph
(1), is amended by striking ``and'' at
the end of clause (i), by striking the
semicolon at the end of clause (ii) and
inserting ``, and'', and by adding at
the end the following new clause:
``(iii) except as may be
otherwise provided by
regulations, in the case of
amounts described in clause
(i)(VI), will be distributed
only in the form of a qualified
distribution (as defined in
subsection (a)(38)(B)(i)) or a
qualified plan distribution
annuity contract (as defined in
subsection (a)(38)(B)(iv)),''..
(c) Section 403(b) Plans.--
(1) Annuity contracts.--Paragraph (11)
of section 403(b) of the Internal
Revenue Code of 1986 is amended by
striking ``or'' at the end of
subparagraph (B), by striking the
period at the end of subparagraph (C)
and inserting ``, or'', and by
inserting after subparagraph (C) the
following new subparagraph:
``(D) except as may be otherwise provided by
regulations, with respect to amounts invested in a
lifetime income investment (as defined in section
401(a)(38)(B)(ii))--.
``(i) on or after the date that
is 90 days prior to the date
that such lifetime income
investment may no longer be
held as an investment option
under the contract, and.
``(ii) in the form of a
qualified distribution (as
defined in section
401(a)(38)(B)(i)) or a
qualified plan distribution
annuity contract (as defined in
section 401(a)(38)(B)(iv)).''..
(2) Custodial accounts.--Subparagraph
(A) of section 403(b)(7) of such Code
is amended by striking ``if--'' and all
that follows and inserting ``if the
amounts are to be invested in regulated
investment company stock to be held in
that custodial account, and under the
custodial account--
``(i) no such amounts may be
paid or made available to any
distributee (unless such amount
is a distribution to which
section 72(t)(2)(G) applies)
before--.
<RULE>
``(I) the
employee
dies,_______
<RULE>
``(II) the
employee
attains age
59\1/2\,____
<RULE>
``(III) the
employee has
a severance
from
employment,_
<RULE>
``(IV) the
employee
becomes
disabled
(within the
meaning of
section
72(m)(7)),__
<RULE>
``(V) in the
case of
contributions
made
pursuant to
a salary
reduction
agreement
(within the
meaning of
section
3121(a)(5)(D)
), the
employee
encounters
financial
hardship, or
<RULE>
``(VI)
except as
may be
otherwise
provided by
regulations,
with respect
to amounts
invested in
a lifetime
income
investment
(as defined
in section
401(a)(38)(B)
(ii)), the
date that is
90 days
prior to the
date that
such
lifetime
income
investment
may no
longer be
held as an
investment
option under
the
contract,
and_________
``(ii) in the case of amounts
described in clause (i)(VI),
such amounts will be
distributed only in the form of
a qualified distribution (as
defined in section
401(a)(38)(B)(i)) or a
qualified plan distribution
annuity contract (as defined in
section 401(a)(38)(B)(iv)).''..
(d) Eligible Deferred Compensation Plans.--
(1) In general.--Subparagraph (A) of
section 457(d)(1) of the Internal
Revenue Code of 1986 is amended by
striking ``or'' at the end of clause
(ii), by inserting ``or'' at the end of
clause (iii), and by adding after
clause (iii) the following:
``(iv) except as may be
otherwise provided by
regulations, in the case of a
plan maintained by an employer
described in subsection
(e)(1)(A), with respect to
amounts invested in a lifetime
income investment (as defined
in section 401(a)(38)(B)(ii)),
the date that is 90 days prior
to the date that such lifetime
income investment may no longer
be held as an investment option
under the plan,''..
(2) Distribution requirement.--
Paragraph (1) of section 457(d) of such
Code is amended by striking ``and'' at
the end of subparagraph (B), by
striking the period at the end of
subparagraph (C) and inserting ``,
and'', and by inserting after
subparagraph (C) the following new
subparagraph:
``(D) except as may be otherwise provided by
regulations, in the case of amounts described in
subparagraph (A)(iv), such amounts will be
distributed only in the form of a qualified
distribution (as defined in section
401(a)(38)(B)(i)) or a qualified plan distribution
annuity contract (as defined in section
401(a)(38)(B)(iv)).''..
(e) Effective Date.--The amendments made by this section shall apply to
plan years beginning after December 31, 2019.
SEC. 110. TREATMENT OF CUSTODIAL ACCOUNTS ON TERMINATION OF SECTION 403(b)
PLANS.
Not later than six months after the date of enactment of this Act, the
Secretary of the Treasury shall issue guidance to provide that, if an
employer terminates the plan under which amounts are contributed to a
custodial account under subparagraph (A) of section 403(b)(7), the plan
administrator or custodian may distribute an individual custodial account
in kind to a participant or beneficiary of the plan and the distributed
custodial account shall be maintained by the custodian on a tax-deferred
basis as a section 403(b)(7) custodial account, similar to the treatment of
fully-paid individual annuity contracts under Revenue Ruling 2011-7, until
amounts are actually paid to the participant or beneficiary. The guidance
shall provide further (i) that the section 403(b)(7) status of the
distributed custodial account is generally maintained if the custodial
account thereafter adheres to the requirements of section 403(b) that are
in effect at the time of the distribution of the account and (ii) that a
custodial account would not be considered distributed to the participant or
beneficiary if the employer has any material retained rights under the
account (but the employer would not be treated as retaining material rights
simply because the custodial account was originally opened under a group
contract). Such guidance shall be retroactively effective for taxable years
beginning after December 31, 2008.
SEC. 111. CLARIFICATION OF RETIREMENT INCOME ACCOUNT RULES RELATING TO
CHURCH-CONTROLLED ORGANIZATIONS.
(a) In General.--Subparagraph (B) of section 403(b)(9) of the Internal
Revenue Code of 1986 is amended by inserting ``(including an employee
described in section 414(e)(3)(B))'' after ``employee described in
paragraph (1)''.
(b) Effective Date.--The amendment made by this section shall apply to
years beginning before, on, or after the date of the enactment of this Act.
SEC. 112. QUALIFIED CASH OR DEFERRED ARRANGEMENTS MUST ALLOW LONG-TERM
EMPLOYEES WORKING MORE THAN 500 BUT LESS THAN 1,000 HOURS PER YEAR TO
PARTICIPATE.
(a) Participation Requirement.--
(1) In general.--Section 401(k)(2)(D)
of the Internal Revenue Code of 1986 is
amended to read as follows:
``(D) which does not require, as a condition of
participation in the arrangement, that an employee
complete a period of service with the employer (or
employers) maintaining the plan extending beyond
the close of the earlier of--.
``(i) the period permitted
under section 410(a)(1)
(determined without regard to
subparagraph (B)(i) thereof),
or.
``(ii) subject to the
provisions of paragraph (15),
the first period of 3
consecutive 12-month periods
during each of which the
employee has at least 500 hours
of service.''..
(2) Special rules.--Section 401(k) of
such Code is amended by adding at the
end the following new paragraph:
``(15) Special rules for participation
requirement for long-term, part-time
workers.--For purposes of paragraph
(2)(D)(ii)--
``(A) Age requirement must be met.--Paragraph
(2)(D)(ii) shall not apply to an employee unless
the employee has met the requirement of section
410(a)(1)(A)(i) by the close of the last of the 12-
month periods described in such paragraph..
``(B) Nondiscrimination and top-heavy rules not
to apply.--.
``(i) Nondiscrimination
rules.--In the case of
employees who are eligible to
participate in the arrangement
solely by reason of paragraph
(2)(D)(ii)--.
<RULE>
``(I)
notwithstandi
ng
subsection
(a)(4), an
employer
shall not be
required to
make
nonelective
or matching
contributions
on behalf
of such
employees
even if such
contributions
are made on
behalf of
other
employees
eligible to
participate
in the
arrangement,
and_________
<RULE>
``(II) an
employer may
elect to
exclude such
employees
from the
application
of
subsection
(a)(4),
paragraphs
(3), (12),
and (13),
subsection
(m)(2), and
section
410(b)._____
``(ii) Top-heavy rules.--An
employer may elect to exclude
all employees who are eligible
to participate in a plan
maintained by the employer
solely by reason of paragraph
(2)(D)(ii) from the application
of the vesting and benefit
requirements under subsections
(b) and (c) of section 416..
``(iii) Vesting.--For purposes
of determining whether an
employee described in clause
(i) has a nonforfeitable right
to employer contributions
(other than contributions
described in paragraph
(3)(D)(i)) under the
arrangement, each 12-month
period for which the employee
has at least 500 hours of
service shall be treated as a
year of service, and section
411(a)(6) shall be applied by
substituting `at least 500
hours of service' for `more
than 500 hours of service' in
subparagraph (A) thereof..
``(iv) Employees who become
full-time employees.--This
subparagraph (other than clause
(iii)) shall cease to apply to
any employee as of the first
plan year beginning after the
plan year in which the employee
meets the requirements of
section 410(a)(1)(A)(ii)
without regard to paragraph
(2)(D)(ii)..
``(C) Exception for employees under
collectively bargained plans, etc.--Paragraph
(2)(D)(ii) shall not apply to employees described
in section 410(b)(3)..
``(D) Special rules.--.........................
``(i) Time of participation.--
The rules of section 410(a)(4)
shall apply to an employee
eligible to participate in an
arrangement solely by reason of
paragraph (2)(D)(ii)..
``(ii) 12-month periods.--12-
month periods shall be
determined in the same manner
as under the last sentence of
section 410(a)(3)(A).''..
(b) Effective Date.--The amendments made by this section shall apply to
plan years beginning after December 31, 2020, except that, for purposes of
section 401(k)(2)(D)(ii) of the Internal Revenue Code of 1986 (as added by
such amendments), 12-month periods beginning before January 1, 2021, shall
not be taken into account.
SEC. 113. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR INDIVIDUALS IN
CASE OF BIRTH OF CHILD OR ADOPTION.
(a) In General.--Section 72(t)(2) of the Internal Revenue Code of 1986
is amended by adding at the end the following new subparagraph:
``(H) Distributions from retirement plans in
case of birth of child or adoption.--.
``(i) In general.--Any
qualified birth or adoption
distribution..
``(ii) Limitation.--The
aggregate amount which may be
treated as qualified birth or
adoption distributions by any
individual with respect to any
birth or adoption shall not
exceed $5,000..
``(iii) Qualified birth or
adoption distribution.--For
purposes of this subparagraph--
.
<RULE>
``(I) In
general.--
The term
`qualified
birth or
adoption
distribution'
means any
distribution
from an
applicable
eligible
retirement
plan to an
individual
if made
during the
1-year
period
beginning on
the date on
which a
child of the
individual
is born or
on which the
legal
adoption by
the
individual
of an
eligible
adoptee is
finalized.__
<RULE>
``(II)
Eligible
adoptee.--
The term
`eligible
adoptee'
means any
individual
(other than
a child of
the
taxpayer's
spouse) who
has not
attained age
18 or is
physically
or mentally
incapable of
self-
support.____
``(iv) Treatment of plan
distributions.--.
<RULE>
``(I) In
general.--If
a
distribution
to an
individual
would
(without
regard to
clause (ii))
be a
qualified
birth or
adoption
distribution,
a plan
shall not be
treated as
failing to
meet any
requirement
of this
title merely
because the
plan treats
the
distribution
as a
qualified
birth or
adoption
distribution,
unless the
aggregate
amount of
such
distributions
from all
plans
maintained
by the
employer
(and any
member of
any
controlled
group which
includes the
employer) to
such
individual
exceeds
$5,000._____
<RULE>
``(II)
Controlled
group.--For
purposes of
subclause
(I), the
term
`controlled
group' means
any group
treated as a
single
employer
under
subsection
(b), (c),
(m), or (o)
of section
414.________
``(v) Amount distributed may be
repaid.--.
<RULE>
``(I) In
general.--
Any
individual
who receives
a qualified
birth or
adoption
distribution
may make one
or more
contributions
in an
aggregate
amount not
to exceed
the amount
of such
distribution
to an
applicable
eligible
retirement
plan of
which such
individual
is a
beneficiary
and to which
a rollover
contribution
of such
distribution
could be
made under
section
402(c),
403(a)(4),
403(b)(8),
408(d)(3),
or
457(e)(16),
as the case
may be._____
<RULE>
``(II)
Limitation
on
contributions
to
applicable
eligible
retirement
plans other
than IRAs.--
The
aggregate
amount of
contributions
made by an
individual
under
subclause
(I) to any
applicable
eligible
retirement
plan which
is not an
individual
retirement
plan shall
not exceed
the
aggregate
amount of
qualified
birth or
adoption
distributions
which are
made from
such plan to
such
individual.
Subclause
(I) shall
not apply to
contributions
to any
applicable
eligible
retirement
plan which
is not an
individual
retirement
plan unless
the
individual
is eligible
to make
contributions
(other than
those
described in
subclause
(I)) to such
applicable
eligible
retirement
plan._______
<RULE>
``(III)
Treatment of
repayments
of
distributions
from
applicable
eligible
retirement
plans other
than IRAs.--
If a
contribution
is made
under
subclause
(I) with
respect to a
qualified
birth or
adoption
distribution
from an
applicable
eligible
retirement
plan other
than an
individual
retirement
plan, then
the taxpayer
shall, to
the extent
of the
amount of
the
contribution,
be treated
as having
received
such
distribution
in an
eligible
rollover
distribution
(as defined
in section
402(c)(4))
and as
having
transferred
the amount
to the
applicable
eligible
retirement
plan in a
direct
trustee to
trustee
transfer
within 60
days of the
distribution.
____________
<RULE>
``(IV)
Treatment of
repayments
for
distributions
from
IRAs.--If a
contribution
is made
under
subclause
(I) with
respect to a
qualified
birth or
adoption
distribution
from an
individual
retirement
plan, then,
to the
extent of
the amount
of the
contribution,
such
distribution
shall be
treated as a
distribution
described in
section
408(d)(3)
and as
having been
transferred
to the
applicable
eligible
retirement
plan in a
direct
trustee to
trustee
transfer
within 60
days of the
distribution.
____________
``(vi) Definition and special
rules.--For purposes of this
subparagraph--.
<RULE>
``(I)
Applicable
eligible
retirement
plan.--The
term
`applicable
eligible
retirement
plan' means
an eligible
retirement
plan (as
defined in
section
402(c)(8)(B))
other than
a defined
benefit
plan._______
<RULE>
``(II)
Exemption of
distributions
from
trustee to
trustee
transfer and
withholding
rules.--For
purposes of
sections
401(a)(31),
402(f), and
3405, a
qualified
birth or
adoption
distribution
shall not be
treated as
an eligible
rollover
distribution.
____________
<RULE>
``(III)
Taxpayer
must include
tin.--A
distribution
shall not be
treated as a
qualified
birth or
adoption
distribution
with respect
to any child
or eligible
adoptee
unless the
taxpayer
includes the
name, age,
and TIN of
such child
or eligible
adoptee on
the
taxpayer's
return of
tax for the
taxable
year._______
<RULE>
``(IV)
Distributions
treated as
meeting plan
distribution
requirements.
--Any
qualified
birth or
adoption
distribution
shall be
treated as
meeting the
requirements
of sections
401(k)(2)(B)(
i),
403(b)(7)(A)(
ii),
403(b)(11),
and
457(d)(1)(A).
''._________
(b) Effective Date.--The amendments made by this section shall apply to
distributions made after December 31, 2019.
SEC. 114. INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY
DISTRIBUTIONS.
(a) In General.--Section 401(a)(9)(C)(i)(I) of the Internal Revenue
Code of 1986 is amended by striking ``age 70\1/2\'' and inserting ``age
72''.
(b) Spouse Beneficiaries; Special Rule for Owners.--Subparagraphs
(B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of such Code are each
amended by striking ``age 70\1/2\'' and inserting ``age 72''.
(c) Conforming Amendments.--The last sentence of section 408(b) of such
Code is amended by striking ``age 70\1/2\'' and inserting ``age 72''.
(d) Effective Date.--The amendments made by this section shall apply to
distributions required to be made after December 31, 2019, with respect to
individuals who attain age 70\1/2\ after such date.
SEC. 115. SPECIAL RULES FOR MINIMUM FUNDING STANDARDS FOR COMMUNITY
NEWSPAPER PLANS.
(a) Amendment to Internal Revenue Code of 1986.--Section 430 of the
Internal Revenue Code of 1986 is amended by adding at the end the following
new subsection:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--The plan sponsor of
a community newspaper plan under which
no participant has had the
participant's accrued benefit increased
(whether because of service or
compensation) after December 31, 2017,
may elect to have the alternative
standards described in paragraph (3)
apply to such plan, and any plan
sponsored by any member of the same
controlled group.
``(2) Election.--An election under
paragraph (1) shall be made at such
time and in such manner as prescribed
by the Secretary. Such election, once
made with respect to a plan year, shall
apply to all subsequent plan years
unless revoked with the consent of the
Secretary.
``(3) Alternative minimum funding
standards.--The alternative standards
described in this paragraph are the
following:
``(A) Interest rates.--........................
``(i) In general.--
Notwithstanding subsection
(h)(2)(C) and except as
provided in clause (ii), the
first, second, and third
segment rates in effect for any
month for purposes of this
section shall be 8 percent..
``(ii) New benefit accruals.--
Notwithstanding subsection
(h)(2), for purposes of
determining the funding target
and normal cost of a plan for
any plan year, the present
value of any benefits accrued
or earned under the plan for a
plan year with respect to which
an election under paragraph (1)
is in effect shall be
determined on the basis of the
United States Treasury
obligation yield curve for the
day that is the valuation date
of such plan for such plan
year..
``(iii) United states treasury
obligation yield curve.--For
purposes of this subsection,
the term `United States
Treasury obligation yield
curve' means, with respect to
any day, a yield curve which
shall be prescribed by the
Secretary for such day on
interest-bearing obligations of
the United States..
``(B) Shortfall amortization base.--...........
``(i) Previous shortfall
amortization bases.--The
shortfall amortization bases
determined under subsection
(c)(3) for all plan years
preceding the first plan year
to which the election under
paragraph (1) applies (and all
shortfall amortization
installments determined with
respect to such bases) shall be
reduced to zero under rules
similar to the rules of
subsection (c)(6)..
``(ii) New shortfall
amortization base.--
Notwithstanding subsection
(c)(3), the shortfall
amortization base for the first
plan year to which the election
under paragraph (1) applies
shall be the funding shortfall
of such plan for such plan year
(determined using the interest
rates as modified under
subparagraph (A))..
``(C) Determination of shortfall amortization
installments.--.
``(i) 30-year period.--
Subparagraphs (A) and (B) of
subsection (c)(2) shall be
applied by substituting `30-
plan-year' for `7-plan-year'
each place it appears..
``(ii) No special election.--
The election under subparagraph
(D) of subsection (c)(2) shall
not apply to any plan year to
which the election under
paragraph (1) applies..
``(D) Exemption from at-risk treatment.--
Subsection (i) shall not apply..
``(4) Community newspaper plan.--For
purposes of this subsection--
``(A) In general.--The term `community
newspaper plan' means a plan to which this section
applies maintained by an employer which, as of
December 31, 2017--.
``(i) publishes and distributes
daily, either electronically or
in printed form, 1 or more
community newspapers in a
single State,.
``(ii) is not a company the
stock of which is publicly
traded (on a stock exchange or
in an over-the-counter market),
and is not controlled, directly
or indirectly, by such a
company,.
``(iii) is controlled, directly
or indirectly--.
<RULE>
``(I) by 1
or more
persons
residing
primarily in
the State in
which the
community
newspaper is
published,__
<RULE>
``(II) for
not less
than 30
years by
individuals
who are
members of
the same
family,_____
<RULE>
``(III) by a
trust
created or
organized in
the State in
which the
community
newspaper is
published,
the sole
trustees of
which are
persons
described in
subclause
(I) or (II),
<RULE>
``(IV) by an
entity which
is described
in section
501(c)(3)
and exempt
from
taxation
under
section
501(a),
which is
organized
and operated
in the State
in which the
community
newspaper is
published,
and the
primary
purpose of
which is to
benefit
communities
in such
State, or___
<RULE>
``(V) by a
combination
of persons
described in
subclause
(I), (III),
or (IV), and
``(iv) does not control,
directly or indirectly, any
newspaper in any other State..
``(B) Community newspaper.--The term `community
newspaper' means a newspaper which primarily serves
a metropolitan statistical area, as determined by
the Office of Management and Budget, with a
population of not less than 100,000..
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to
direct or cause the direction and management of
such person (including the power to elect a
majority of the members of the board of directors
of such person) through the ownership of voting
securities..
``(5) Controlled group.--For purposes
of this subsection, the term
`controlled group' means all persons
treated as a single employer under
subsection (b), (c), (m), or (o) of
section 414 as of the date of the
enactment of this subsection.''.
(b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 303 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1083) is amended by adding at the end the following new subsection:
``(m) Special Rules for Community Newspaper Plans.--
``(1) In general.--The plan sponsor of
a community newspaper plan under which
no participant has had the
participant's accrued benefit increased
(whether because of service or
compensation) after December 31, 2017,
may elect to have the alternative
standards described in paragraph (3)
apply to such plan, and any plan
sponsored by any member of the same
controlled group.
``(2) Election.--An election under
paragraph (1) shall be made at such
time and in such manner as prescribed
by the Secretary of the Treasury. Such
election, once made with respect to a
plan year, shall apply to all
subsequent plan years unless revoked
with the consent of the Secretary of
the Treasury.
``(3) Alternative minimum funding
standards.--The alternative standards
described in this paragraph are the
following:
``(A) Interest rates.--........................
``(i) In general.--
Notwithstanding subsection
(h)(2)(C) and except as
provided in clause (ii), the
first, second, and third
segment rates in effect for any
month for purposes of this
section shall be 8 percent..
``(ii) New benefit accruals.--
Notwithstanding subsection
(h)(2), for purposes of
determining the funding target
and normal cost of a plan for
any plan year, the present
value of any benefits accrued
or earned under the plan for a
plan year with respect to which
an election under paragraph (1)
is in effect shall be
determined on the basis of the
United States Treasury
obligation yield curve for the
day that is the valuation date
of such plan for such plan
year..
``(iii) United states treasury
obligation yield curve.--For
purposes of this subsection,
the term `United States
Treasury obligation yield
curve' means, with respect to
any day, a yield curve which
shall be prescribed by the
Secretary of the Treasury for
such day on interest-bearing
obligations of the United
States..
``(B) Shortfall amortization base.--...........
``(i) Previous shortfall
amortization bases.--The
shortfall amortization bases
determined under subsection
(c)(3) for all plan years
preceding the first plan year
to which the election under
paragraph (1) applies (and all
shortfall amortization
installments determined with
respect to such bases) shall be
reduced to zero under rules
similar to the rules of
subsection (c)(6)..
``(ii) New shortfall
amortization base.--
Notwithstanding subsection
(c)(3), the shortfall
amortization base for the first
plan year to which the election
under paragraph (1) applies
shall be the funding shortfall
of such plan for such plan year
(determined using the interest
rates as modified under
subparagraph (A))..
``(C) Determination of shortfall amortization
installments.--.
``(i) 30-year period.--
Subparagraphs (A) and (B) of
subsection (c)(2) shall be
applied by substituting `30-
plan-year' for `7-plan-year'
each place it appears..
``(ii) No special election.--
The election under subparagraph
(D) of subsection (c)(2) shall
not apply to any plan year to
which the election under
paragraph (1) applies..
``(D) Exemption from at-risk treatment.--
Subsection (i) shall not apply..
``(4) Community newspaper plan.--For
purposes of this subsection--
``(A) In general.--The term `community
newspaper plan' means a plan to which this section
applies maintained by an employer which, as of
December 31, 2017--.
``(i) publishes and distributes
daily, either electronically or
in printed form--.
<RULE>
``(I) a
community
newspaper,
or__________
<RULE>
``(II) 1 or
more
community
newspapers
in the same
State,______
``(ii) is not a company the
stock of which is publicly
traded (on a stock exchange or
in an over-the-counter market),
and is not controlled, directly
or indirectly, by such a
company,.
``(iii) is controlled, directly
or indirectly--.
<RULE>
``(I) by 1
or more
persons
residing
primarily in
the State in
which the
community
newspaper is
published,__
<RULE>
``(II) for
not less
than 30
years by
individuals
who are
members of
the same
family,_____
<RULE>
``(III) by a
trust
created or
organized in
the State in
which the
community
newspaper is
published,
the sole
trustees of
which are
persons
described in
subclause
(I) or (II),
<RULE>
``(IV) by an
entity which
is described
in section
501(c)(3) of
the Internal
Revenue Code
of 1986 and
exempt from
taxation
under
section
501(a) of
such Code,
which is
organized
and operated
in the State
in which the
community
newspaper is
published,
and the
primary
purpose of
which is to
benefit
communities
in such
State, or___
<RULE>
``(V) by a
combination
of persons
described in
subclause
(I), (III),
or (IV), and
``(iv) does not control,
directly or indirectly, any
newspaper in any other State..
``(B) Community newspaper.--The term `community
newspaper' means a newspaper which primarily serves
a metropolitan statistical area, as determined by
the Office of Management and Budget, with a
population of not less than 100,000..
``(C) Control.--A person shall be treated as
controlled by another person if such other person
possesses, directly or indirectly, the power to
direct or cause the direction and management of
such person (including the power to elect a
majority of the members of the board of directors
of such person) through the ownership of voting
securities..
``(5) Controlled group.--For purposes
of this subsection, the term
`controlled group' means all persons
treated as a single employer under
subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue
Code of 1986 as of the date of the
enactment of this subsection.
``(6) Effect on premium rate
calculation.--Notwithstanding any other
provision of law or any regulation
issued by the Pension Benefit Guaranty
Corporation, in the case of a plan for
which an election is made to apply the
alternative standards described in
paragraph (3), the additional premium
under section 4006(a)(3)(E) shall be
determined as if such election had not
been made.''.
(c) Effective Date.--The amendments made by this section shall apply to
plan years ending after December 31, 2017.
SEC. 116. TREATING EXCLUDED DIFFICULTY OF CARE PAYMENTS AS COMPENSATION FOR
DETERMINING RETIREMENT CONTRIBUTION LIMITATIONS.
(a) Individual Retirement Accounts.--
(1) In general.--Section 408(o) of the
Internal Revenue Code of 1986 is
amended by adding at the end the
following new paragraph:
``(5) Special rule for difficulty of
care payments excluded from gross
income.--In the case of an individual
who for a taxable year excludes from
gross income under section 131 a
qualified foster care payment which is
a difficulty of care payment, if--
``(A) the deductible amount in effect for the
taxable year under subsection (b), exceeds.
``(B) the amount of compensation includible in
the individual's gross income for the taxable
year,.
the individual may elect to increase the
nondeductible limit under paragraph (2)
for the taxable year by an amount equal
to the lesser of such excess or the
amount so excluded.''.
(2) Effective date.--The amendments
made by this subsection shall apply to
contributions after the date of the
enactment of this Act.
(b) Defined Contribution Plans.--
(1) In general.--Section 415(c) of such
Code is amended by adding at the end
the following new paragraph:
``(8) Special rule for difficulty of
care payments excluded from gross
income.--
``(A) In general.--For purposes of paragraph
(1)(B), in the case of an individual who for a
taxable year excludes from gross income under
section 131 a qualified foster care payment which
is a difficulty of care payment, the participant's
compensation, or earned income, as the case may be,
shall be increased by the amount so excluded..
``(B) Contributions allocable to difficulty of
care payments treated as after-tax.--Any
contribution by the participant which is allowable
due to such increase--.
``(i) shall be treated for
purposes of this title as
investment in the contract,
and.
``(ii) shall not cause a plan
(and any arrangement which is
part of such plan) to be
treated as failing to meet any
requirements of this chapter
solely by reason of allowing
any such contributions.''..
(2) Effective date.--The amendment made
by this subsection shall apply to plan
years beginning after December 31,
2015.
TITLE II--ADMINISTRATIVE IMPROVEMENTS
SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE TREATED AS IN
EFFECT AS OF CLOSE OF YEAR.
(a) In General.--Subsection (b) of section 401 of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``Retroactive Changes
in Plan.--A stock bonus'' and inserting
``Plan Amendments.--
``(1) Certain retroactive changes in
plan.--A stock bonus''; and
(2) by adding at the end the following
new paragraph:
``(2) Adoption of plan.--If an employer
adopts a stock bonus, pension, profit-
sharing, or annuity plan after the
close of a taxable year but before the
time prescribed by law for filing the
return of the employer for the taxable
year (including extensions thereof),
the employer may elect to treat the
plan as having been adopted as of the
last day of the taxable year.''.
(b) Effective Date.--The amendments made by this section shall apply to
plans adopted for taxable years beginning after December 31, 2019.
SEC. 202. COMBINED ANNUAL REPORT FOR GROUP OF PLANS.
(a) In General.--The Secretary of the Treasury and the Secretary of
Labor shall, in cooperation, modify the returns required under section 6058
of the Internal Revenue Code of 1986 and the reports required by section
104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024)
so that all members of a group of plans described in subsection (c) may
file a single aggregated annual return or report satisfying the
requirements of both such sections.
(b) Administrative Requirements.--In developing the consolidated return
or report under subsection (a), the Secretary of the Treasury and the
Secretary of Labor may require such return or report to include any
information regarding each plan in the group as such Secretaries determine
is necessary or appropriate for the enforcement and administration of the
Internal Revenue Code of 1986 and the Employee Retirement Income Security
Act of 1974 and shall require such information as will enable a participant
in a plan to identify any aggregated return or report filed with respect to
the plan.
(c) Plans Described.--A group of plans is described in this subsection
if all plans in the group--
(1) are individual account plans or
defined contribution plans (as defined
in section 3(34) of the Employee
Retirement Income Security Act of 1974
(29 U.S.C. 1002(34)) or in section
414(i) of the Internal Revenue Code of
1986);
(2) have--
(A) the same trustee (as described in section
403(a) of such Act (29 U.S.C. 1103(a)));.
(B) the same one or more named fiduciaries (as
described in section 402(a) of such Act (29 U.S.C.
1102(a)));.
(C) the same administrator (as defined in
section 3(16)(A) of such Act (29 U.S.C.
1002(16)(A))) and plan administrator (as defined in
section 414(g) of the Internal Revenue Code of
1986); and.
(D) plan years beginning on the same date; and.
(3) provide the same investments or
investment options to participants and
beneficiaries.
A plan not subject to title I of the Employee Retirement Income Security
Act of 1974 shall be treated as meeting the requirements of paragraph (2)
as part of a group of plans if the same person that performs each of the
functions described in such paragraph, as applicable, for all other plans
in such group performs each of such functions for such plan.
(d) Clarification Relating to Electronic Filing of Returns for Deferred
Compensation Plans.--
(1) In general.--Section 6011(e) of the
Internal Revenue Code of 1986 is
amended by adding at the end the
following new paragraph:
``(6) Application of numerical
limitation to returns relating to
deferred compensation plans.--For
purposes of applying the numerical
limitation under paragraph (2)(A) to
any return required under section 6058,
information regarding each plan for
which information is provided on such
return shall be treated as a separate
return.''.
(2) Effective date.--The amendment made
by paragraph (1) shall apply to returns
required to be filed with respect to
plan years beginning after December 31,
2019.
(e) Effective Date.--The modification required by subsection (a) shall
be implemented not later than January 1, 2022, and shall apply to returns
and reports for plan years beginning after December 31, 2021.
SEC. 203. DISCLOSURE REGARDING LIFETIME INCOME.
(a) In General.--Subparagraph (B) of section 105(a)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended--
(1) in clause (i), by striking ``and''
at the end;
(2) in clause (ii), by striking
``diversification.'' and inserting
``diversification, and''; and
(3) by inserting at the end the
following:
``(iii) the lifetime income
disclosure described in
subparagraph (D)(i)..
In the case of pension benefit statements described
in clause (i) of paragraph (1)(A), a lifetime
income disclosure under clause (iii) of this
subparagraph shall be required to be included in
only one pension benefit statement during any one
12-month period.''..
(b) Lifetime Income.--Paragraph (2) of section 105(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)) is amended by
adding at the end the following new subparagraph:
``(D) Lifetime income disclosure.--............
``(i) In general.--............
<RULE>
``(I)
Disclosure.--
A lifetime
income
disclosure
shall set
forth the
lifetime
income
stream
equivalent
of the total
benefits
accrued with
respect to
the
participant
or
beneficiary.
<RULE>
``(II)
Lifetime
income
stream
equivalent
of the total
benefits
accrued.--
For purposes
of this
subparagraph,
the term
`lifetime
income
stream
equivalent
of the total
benefits
accrued'
means the
amount of
monthly
payments the
participant
or
beneficiary
would
receive if
the total
accrued
benefits of
such
participant
or
beneficiary
were used to
provide
lifetime
income
streams
described in
subclause
(III), based
on
assumptions
specified in
rules
prescribed
by the
Secretary.__
<RULE>
``(III)
Lifetime
income
streams.--
The lifetime
income
streams
described in
this
subclause
are a
qualified
joint and
survivor
annuity (as
defined in
section
205(d)),
based on
assumptions
specified in
rules
prescribed
by the
Secretary,
including
the
assumption
that the
participant
or
beneficiary
has a spouse
of equal
age, and a
single life
annuity.
Such
lifetime
income
streams may
have a term
certain or
other
features to
the extent
permitted
under rules
prescribed
by the
Secretary.__
``(ii) Model disclosure.--Not
later than 1 year after the
date of the enactment of the
Setting Every Community Up for
Retirement Enhancement Act of
2019, the Secretary shall issue
a model lifetime income
disclosure, written in a manner
so as to be understood by the
average plan participant,
which--.
<RULE>
``(I)
explains
that the
lifetime
income
stream
equivalent
is only
provided as
an
illustration;
____________
<RULE>
``(II)
explains
that the
actual
payments
under the
lifetime
income
stream
described in
clause
(i)(III)
which may be
purchased
with the
total
benefits
accrued will
depend on
numerous
factors and
may vary
substantially
from the
lifetime
income
stream
equivalent
in the
disclosures;
<RULE>
``(III)
explains the
assumptions
upon which
the lifetime
income
stream
equivalent
was
determined;
and_________
<RULE>
``(IV)
provides
such other
similar
explanations
as the
Secretary
considers
appropriate.
``(iii) Assumptions and
rules.--Not later than 1 year
after the date of the enactment
of the Setting Every Community
Up for Retirement Enhancement
Act of 2019, the Secretary
shall--.
<RULE>
``(I)
prescribe
assumptions
which
administrator
s of
individual
account
plans may
use in
converting
total
accrued
benefits
into
lifetime
income
stream
equivalents
for purposes
of this
subparagraph;
and________
<RULE>
``(II) issue
interim
final rules
under clause
(i).________
In prescribing assumptions under
subclause (I), the Secretary
may prescribe a single set of
specific assumptions (in which
case the Secretary may issue
tables or factors which
facilitate such conversions),
or ranges of permissible
assumptions. To the extent that
an accrued benefit is or may be
invested in a lifetime income
stream described in clause
(i)(III), the assumptions
prescribed under subclause (I)
shall, to the extent
appropriate, permit
administrators of individual
account plans to use the
amounts payable under such
lifetime income stream as a
lifetime income stream
equivalent..
``(iv) Limitation on
liability.--No plan fiduciary,
plan sponsor, or other person
shall have any liability under
this title solely by reason of
the provision of lifetime
income stream equivalents which
are derived in accordance with
the assumptions and rules
described in clause (iii) and
which include the explanations
contained in the model lifetime
income disclosure described in
clause (ii). This clause shall
apply without regard to whether
the provision of such lifetime
income stream equivalent is
required by subparagraph
(B)(iii)..
``(v) Effective date.--The
requirement in subparagraph
(B)(iii) shall apply to pension
benefit statements furnished
more than 12 months after the
latest of the issuance by the
Secretary of--.
<RULE>
``(I)
interim
final rules
under clause
(i);________
<RULE>
``(II) the
model
disclosure
under clause
(ii); or____
<RULE>
``(III) the
assumptions
under clause
(iii).''.___
SEC. 204. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME INCOME PROVIDER.
Section 404 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1104) is amended by adding at the end the following:
``(e) Safe Harbor for Annuity Selection.--
``(1) In general.--With respect to the
selection of an insurer for a
guaranteed retirement income contract,
the requirements of subsection
(a)(1)(B) will be deemed to be
satisfied if a fiduciary--
``(A) engages in an objective, thorough, and
analytical search for the purpose of identifying
insurers from which to purchase such contracts;.
``(B) with respect to each insurer identified
under subparagraph (A)--.
``(i) considers the financial
capability of such insurer to
satisfy its obligations under
the guaranteed retirement
income contract; and.
``(ii) considers the cost
(including fees and
commissions) of the guaranteed
retirement income contract
offered by the insurer in
relation to the benefits and
product features of the
contract and administrative
services to be provided under
such contract; and.
``(C) on the basis of such consideration,
concludes that--.
``(i) at the time of the
selection, the insurer is
financially capable of
satisfying its obligations
under the guaranteed retirement
income contract; and.
``(ii) the relative cost of the
selected guaranteed retirement
income contract as described in
subparagraph (B)(ii) is
reasonable..
``(2) Financial capability of the
insurer.--A fiduciary will be deemed to
satisfy the requirements of paragraphs
(1)(B)(i) and (1)(C)(i) if--
``(A) the fiduciary obtains written
representations from the insurer that--.
``(i) the insurer is licensed
to offer guaranteed retirement
income contracts;.
``(ii) the insurer, at the time
of selection and for each of
the immediately preceding 7
plan years--.
<RULE>
``(I)
operates
under a
certificate
of authority
from the
insurance
commissioner
of its
domiciliary
State which
has not been
revoked or
suspended;__
<RULE>
``(II) has
filed
audited
financial
statements
in
accordance
with the
laws of its
domiciliary
State under
applicable
statutory
accounting
principles;_
<RULE>
``(III)
maintains
(and has
maintained)
reserves
which
satisfies
all the
statutory
requirements
of all
States where
the insurer
does
business;
and_________
<RULE>
``(IV) is
not
operating
under an
order of
supervision,
rehabilitatio
n, or
liquidation;
``(iii) the insurer undergoes,
at least every 5 years, a
financial examination (within
the meaning of the law of its
domiciliary State) by the
insurance commissioner of the
domiciliary State (or
representative, designee, or
other party approved by such
commissioner); and.
``(iv) the insurer will notify
the fiduciary of any change in
circumstances occurring after
the provision of the
representations in clauses (i),
(ii), and (iii) which would
preclude the insurer from
making such representations at
the time of issuance of the
guaranteed retirement income
contract; and.
``(B) after receiving such representations and
as of the time of selection, the fiduciary has not
received any notice described in subparagraph
(A)(iv) and is in possession of no other
information which would cause the fiduciary to
question the representations provided..
``(3) No requirement to select lowest
cost.--Nothing in this subsection shall
be construed to require a fiduciary to
select the lowest cost contract. A
fiduciary may consider the value of a
contract, including features and
benefits of the contract and attributes
of the insurer (including, without
limitation, the insurer's financial
strength) in conjunction with the cost
of the contract.
``(4) Time of selection.--
``(A) In general.--For purposes of this
subsection, the time of selection is--.
``(i) the time that the insurer
and the contract are selected
for distribution of benefits to
a specific participant or
beneficiary; or.
``(ii) if the fiduciary
periodically reviews the
continuing appropriateness of
the conclusion described in
paragraph (1)(C) with respect
to a selected insurer, taking
into account the considerations
described in such paragraph,
the time that the insurer and
the contract are selected to
provide benefits at future
dates to participants or
beneficiaries under the plan..
Nothing in the preceding sentence shall be
construed to require the fiduciary to review the
appropriateness of a selection after the purchase
of a contract for a participant or beneficiary..
``(B) Periodic review.--A fiduciary will be
deemed to have conducted the periodic review
described in subparagraph (A)(ii) if the fiduciary
obtains the written representations described in
clauses (i), (ii), and (iii) of paragraph (2)(A)
from the insurer on an annual basis, unless the
fiduciary receives any notice described in
paragraph (2)(A)(iv) or otherwise becomes aware of
facts that would cause the fiduciary to question
such representations..
``(5) Limited liability.--A fiduciary
which satisfies the requirements of
this subsection shall not be liable
following the distribution of any
benefit, or the investment by or on
behalf of a participant or beneficiary
pursuant to the selected guaranteed
retirement income contract, for any
losses that may result to the
participant or beneficiary due to an
insurer's inability to satisfy its
financial obligations under the terms
of such contract.
``(6) Definitions.--For purposes of
this subsection--
``(A) Insurer.--The term `insurer' means an
insurance company, insurance service, or insurance
organization, including affiliates of such
companies..
``(B) Guaranteed retirement income contract.--
The term `guaranteed retirement income contract'
means an annuity contract for a fixed term or a
contract (or provision or feature thereof) which
provides guaranteed benefits annually (or more
frequently) for at least the remainder of the life
of the participant or the joint lives of the
participant and the participant's designated
beneficiary as part of an individual account
plan.''..
SEC. 205. MODIFICATION OF NONDISCRIMINATION RULES TO PROTECT OLDER, LONGER
SERVICE PARTICIPANTS.
(a) In General.--Section 401 of the Internal Revenue Code of 1986 is
amended--
(1) by redesignating subsection (o) as
subsection (p); and
(2) by inserting after subsection (n)
the following new subsection:
``(o) Special Rules for Applying Nondiscrimination Rules to Protect
Older, Longer Service and Grandfathered Participants.--
``(1) Testing of defined benefit plans
with closed classes of participants.--
``(A) Benefits, rights, or features provided to
closed classes.--A defined benefit plan which
provides benefits, rights, or features to a closed
class of participants shall not fail to satisfy the
requirements of subsection (a)(4) by reason of the
composition of such closed class or the benefits,
rights, or features provided to such closed class,
if--.
``(i) for the plan year as of
which the class closes and the
2 succeeding plan years, such
benefits, rights, and features
satisfy the requirements of
subsection (a)(4) (without
regard to this subparagraph but
taking into account the rules
of subparagraph (I)),.
``(ii) after the date as of
which the class was closed, any
plan amendment which modifies
the closed class or the
benefits, rights, and features
provided to such closed class
does not discriminate
significantly in favor of
highly compensated employees,
and.
``(iii) the class was closed
before April 5, 2017, or the
plan is described in
subparagraph (C)..
``(B) Aggregate testing with defined
contribution plans permitted on a benefits basis.--
.
``(i) In general.--For purposes
of determining compliance with
subsection (a)(4) and section
410(b), a defined benefit plan
described in clause (iii) may
be aggregated and tested on a
benefits basis with 1 or more
defined contribution plans,
including with the portion of 1
or more defined contribution
plans which--.
<RULE>
``(I)
provides
matching
contributions
(as defined
in
subsection
(m)(4)(A)),_
<RULE>
``(II)
provides
annuity
contracts
described in
section
403(b) which
are
purchased
with
matching
contributions
or
nonelective
contributions
, or________
<RULE>
``(III)
consists of
an employee
stock
ownership
plan (within
the meaning
of section
4975(e)(7))
or a tax
credit
employee
stock
ownership
plan (within
the meaning
of section
409(a)).____
``(ii) Special rules for
matching contributions.--For
purposes of clause (i), if a
defined benefit plan is
aggregated with a portion of a
defined contribution plan
providing matching
contributions--.
<RULE>
``(I) such
defined
benefit plan
must also be
aggregated
with any
portion of
such defined
contribution
plan which
provides
elective
deferrals
described in
subparagraph
(A) or (C)
of section
402(g)(3),
and_________
<RULE>
``(II) such
matching
contributions
shall be
treated in
the same
manner as
nonelective
contributions
, including
for purposes
of applying
the rules of
subsection
(l).________
``(iii) Plans described.--A
defined benefit plan is
described in this clause if--.
<RULE>
``(I) the
plan
provides
benefits to
a closed
class of
participants,
____________
<RULE>
``(II) for
the plan
year as of
which the
class closes
and the 2
succeeding
plan years,
the plan
satisfies
the
requirements
of section
410(b) and
subsection
(a)(4)
(without
regard to
this
subparagraph
but taking
into account
the rules of
subparagraph
(I)),_______
<RULE>
``(III)
after the
date as of
which the
class was
closed, any
plan
amendment
which
modifies the
closed class
or the
benefits
provided to
such closed
class does
not
discriminate
significantly
in favor of
highly
compensated
employees,
and_________
<RULE>
``(IV) the
class was
closed
before April
5, 2017, or
the plan is
described in
subparagraph
(C).________
``(C) Plans described.--A plan is described in
this subparagraph if, taking into account any
predecessor plan--.
``(i) such plan has been in
effect for at least 5 years as
of the date the class is
closed, and.
``(ii) during the 5-year period
preceding the date the class is
closed, there has not been a
substantial increase in the
coverage or value of the
benefits, rights, or features
described in subparagraph (A)
or in the coverage or benefits
under the plan described in
subparagraph (B)(iii)
(whichever is applicable)..
``(D) Determination of substantial increase for
benefits, rights, and features.--In applying
subparagraph (C)(ii) for purposes of subparagraph
(A)(iii), a plan shall be treated as having had a
substantial increase in coverage or value of the
benefits, rights, or features described in
subparagraph (A) during the applicable 5-year
period only if, during such period--.
``(i) the number of
participants covered by such
benefits, rights, or features
on the date such period ends is
more than 50 percent greater
than the number of such
participants on the first day
of the plan year in which such
period began, or.
``(ii) such benefits, rights,
and features have been modified
by 1 or more plan amendments in
such a way that, as of the date
the class is closed, the value
of such benefits, rights, and
features to the closed class as
a whole is substantially
greater than the value as of
the first day of such 5-year
period, solely as a result of
such amendments..
``(E) Determination of substantial increase for
aggregate testing on benefits basis.--In applying
subparagraph (C)(ii) for purposes of subparagraph
(B)(iii)(IV), a plan shall be treated as having had
a substantial increase in coverage or benefits
during the applicable 5-year period only if, during
such period--.
``(i) the number of
participants benefitting under
the plan on the date such
period ends is more than 50
percent greater than the number
of such participants on the
first day of the plan year in
which such period began, or.
``(ii) the average benefit
provided to such participants
on the date such period ends is
more than 50 percent greater
than the average benefit
provided on the first day of
the plan year in which such
period began..
``(F) Certain employees disregarded.--For
purposes of subparagraphs (D) and (E), any increase
in coverage or value or in coverage or benefits,
whichever is applicable, which is attributable to
such coverage and value or coverage and benefits
provided to employees--.
``(i) who became participants
as a result of a merger,
acquisition, or similar event
which occurred during the 7-
year period preceding the date
the class is closed, or.
``(ii) who became participants
by reason of a merger of the
plan with another plan which
had been in effect for at least
5 years as of the date of the
merger,.
shall be disregarded, except that clause (ii) shall
apply for purposes of subparagraph (D) only if,
under the merger, the benefits, rights, or features
under 1 plan are conformed to the benefits, rights,
or features of the other plan prospectively..
``(G) Rules relating to average benefit.--For
purposes of subparagraph (E)--.
``(i) the average benefit
provided to participants under
the plan will be treated as
having remained the same
between the 2 dates described
in subparagraph (E)(ii) if the
benefit formula applicable to
such participants has not
changed between such dates,
and.
``(ii) if the benefit formula
applicable to 1 or more
participants under the plan has
changed between such 2 dates,
then the average benefit under
the plan shall be considered to
have increased by more than 50
percent only if--.
<RULE>
``(I) the
total amount
determined
under
section
430(b)(1)(A)(
i) for all
participants
benefitting
under the
plan for the
plan year in
which the 5-
year period
described in
subparagraph
(E) ends,
exceeds_____
<RULE>
``(II) the
total amount
determined
under
section
430(b)(1)(A)(
i) for all
such
participants
for such
plan year,
by using the
benefit
formula in
effect for
each such
participant
for the
first plan
year in such
5-year
period,_____
by more than 50 percent. In the
case of a CSEC plan (as defined
in section 414(y)), the normal
cost of the plan (as determined
under section 433(j)(1)(B))
shall be used in lieu of the
amount determined under section
430(b)(1)(A)(i)..
``(H) Treatment as single plan.--For purposes
of subparagraphs (E) and (G), a plan described in
section 413(c) shall be treated as a single plan
rather than as separate plans maintained by each
employer in the plan..
``(I) Special rules.--For purposes of
subparagraphs (A)(i) and (B)(iii)(II), the
following rules shall apply:.
``(i) In applying section
410(b)(6)(C), the closing of
the class of participants shall
not be treated as a significant
change in coverage under
section 410(b)(6)(C)(i)(II)..
``(ii) 2 or more plans shall
not fail to be eligible to be
aggregated and treated as a
single plan solely by reason of
having different plan years..
``(iii) Changes in the employee
population shall be disregarded
to the extent attributable to
individuals who become
employees or cease to be
employees, after the date the
class is closed, by reason of a
merger, acquisition,
divestiture, or similar event..
``(iv) Aggregation and all
other testing methodologies
otherwise applicable under
subsection (a)(4) and section
410(b) may be taken into
account..
The rule of clause (ii) shall also apply for
purposes of determining whether plans to which
subparagraph (B)(i) applies may be aggregated and
treated as 1 plan for purposes of determining
whether such plans meet the requirements of
subsection (a)(4) and section 410(b)..
``(J) Spun-off plans.--For purposes of this
paragraph, if a portion of a defined benefit plan
described in subparagraph (A) or (B)(iii) is spun
off to another employer and the spun-off plan
continues to satisfy the requirements of--.
``(i) subparagraph (A)(i) or
(B)(iii)(II), whichever is
applicable, if the original
plan was still within the 3-
year period described in such
subparagraph at the time of the
spin off, and.
``(ii) subparagraph (A)(ii) or
(B)(iii)(III), whichever is
applicable,.
the treatment under subparagraph (A) or (B) of the
spun-off plan shall continue with respect to such
other employer..
``(2) Testing of defined contribution
plans.--
``(A) Testing on a benefits basis.--A defined
contribution plan shall be permitted to be tested
on a benefits basis if--.
``(i) such defined contribution
plan provides make-whole
contributions to a closed class
of participants whose accruals
under a defined benefit plan
have been reduced or
eliminated,.
``(ii) for the plan year of the
defined contribution plan as of
which the class eligible to
receive such make-whole
contributions closes and the 2
succeeding plan years, such
closed class of participants
satisfies the requirements of
section 410(b)(2)(A)(i)
(determined by applying the
rules of paragraph (1)(I)),.
``(iii) after the date as of
which the class was closed, any
plan amendment to the defined
contribution plan which
modifies the closed class or
the allocations, benefits,
rights, and features provided
to such closed class does not
discriminate significantly in
favor of highly compensated
employees, and.
``(iv) the class was closed
before April 5, 2017, or the
defined benefit plan under
clause (i) is described in
paragraph (1)(C) (as applied
for purposes of paragraph
(1)(B)(iii)(IV))..
``(B) Aggregation with plans including matching
contributions.--.
``(i) In general.--With respect
to 1 or more defined
contribution plans described in
subparagraph (A), for purposes
of determining compliance with
subsection (a)(4) and section
410(b), the portion of such
plans which provides make-whole
contributions or other
nonelective contributions may
be aggregated and tested on a
benefits basis with the portion
of 1 or more other defined
contribution plans which--.
<RULE>
``(I)
provides
matching
contributions
(as defined
in
subsection
(m)(4)(A)),_
<RULE>
``(II)
provides
annuity
contracts
described in
section
403(b) which
are
purchased
with
matching
contributions
or
nonelective
contributions
, or________
<RULE>
``(III)
consists of
an employee
stock
ownership
plan (within
the meaning
of section
4975(e)(7))
or a tax
credit
employee
stock
ownership
plan (within
the meaning
of section
409(a)).____
``(ii) Special rules for
matching contributions.--Rules
similar to the rules of
paragraph (1)(B)(ii) shall
apply for purposes of clause
(i)..
``(C) Special rules for testing defined
contribution plan features providing matching
contributions to certain older, longer service
participants.--In the case of a defined
contribution plan which provides benefits, rights,
or features to a closed class of participants whose
accruals under a defined benefit plan have been
reduced or eliminated, the plan shall not fail to
satisfy the requirements of subsection (a)(4)
solely by reason of the composition of the closed
class or the benefits, rights, or features provided
to such closed class if the defined contribution
plan and defined benefit plan otherwise meet the
requirements of subparagraph (A) but for the fact
that the make-whole contributions under the defined
contribution plan are made in whole or in part
through matching contributions..
``(D) Spun-off plans.--For purposes of this
paragraph, if a portion of a defined contribution
plan described in subparagraph (A) or (C) is spun
off to another employer, the treatment under
subparagraph (A) or (C) of the spun-off plan shall
continue with respect to the other employer if such
plan continues to comply with the requirements of
clauses (ii) (if the original plan was still within
the 3-year period described in such clause at the
time of the spin off) and (iii) of subparagraph
(A), as determined for purposes of subparagraph (A)
or (C), whichever is applicable..
``(3) Definitions and special rule.--
For purposes of this subsection--
``(A) Make-whole contributions.--Except as
otherwise provided in paragraph (2)(C), the term
`make-whole contributions' means nonelective
allocations for each employee in the class which
are reasonably calculated, in a consistent manner,
to replace some or all of the retirement benefits
which the employee would have received under the
defined benefit plan and any other plan or
qualified cash or deferred arrangement under
subsection (k)(2) if no change had been made to
such defined benefit plan and such other plan or
arrangement. For purposes of the preceding
sentence, consistency shall not be required with
respect to employees who were subject to different
benefit formulas under the defined benefit plan..
``(B) References to closed class of
participants.--References to a closed class of
participants and similar references to a closed
class shall include arrangements under which 1 or
more classes of participants are closed, except
that 1 or more classes of participants closed on
different dates shall not be aggregated for
purposes of determining the date any such class was
closed..
``(C) Highly compensated employee.--The term
`highly compensated employee' has the meaning given
such term in section 414(q).''..
(b) Participation Requirements.--Paragraph (26) of section 401(a) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(I) Protected participants.--................
``(i) In general.--A plan shall
be deemed to satisfy the
requirements of subparagraph
(A) if--.
<RULE>
``(I) the
plan is
amended--___
``(aa) to cease all benefit accruals, or
``(bb) to provide future benefit accruals only to a closed class of
participants,
<RULE>
``(II) the
plan
satisfies
subparagraph
(A) (without
regard to
this
subparagraph)
as of the
effective
date of the
amendment,
and_________
<RULE>
``(III) the
amendment
was adopted
before April
5, 2017, or
the plan is
described in
clause (ii).
``(ii) Plans described.--A plan
is described in this clause if
the plan would be described in
subsection (o)(1)(C), as
applied for purposes of
subsection (o)(1)(B)(iii)(IV)
and by treating the effective
date of the amendment as the
date the class was closed for
purposes of subsection
(o)(1)(C)..
``(iii) Special rules.--For
purposes of clause (i)(II), in
applying section 410(b)(6)(C),
the amendments described in
clause (i) shall not be treated
as a significant change in
coverage under section
410(b)(6)(C)(i)(II)..
``(iv) Spun-off plans.--For
purposes of this subparagraph,
if a portion of a plan
described in clause (i) is spun
off to another employer, the
treatment under clause (i) of
the spun-off plan shall
continue with respect to the
other employer.''..
(c) Effective Date.--
(1) In general.--Except as provided in
paragraph (2), the amendments made by
this section shall take effect on the
date of the enactment of this Act,
without regard to whether any plan
modifications referred to in such
amendments are adopted or effective
before, on, or after such date of
enactment.
(2) Special rules.--
(A) Election of earlier application.--At the
election of the plan sponsor, the amendments made
by this section shall apply to plan years beginning
after December 31, 2013..
(B) Closed classes of participants.--For
purposes of paragraphs (1)(A)(iii),
(1)(B)(iii)(IV), and (2)(A)(iv) of section 401(o)
of the Internal Revenue Code of 1986 (as added by
this section), a closed class of participants shall
be treated as being closed before April 5, 2017, if
the plan sponsor's intention to create such closed
class is reflected in formal written documents and
communicated to participants before such date..
(C) Certain post-enactment plan amendments.--A
plan shall not be treated as failing to be eligible
for the application of section 401(o)(1)(A),
401(o)(1)(B)(iii), or 401(a)(26) of such Code (as
added by this section) to such plan solely because
in the case of--.
(i) such section 401(o)(1)(A),
the plan was amended before the
date of the enactment of this
Act to eliminate 1 or more
benefits, rights, or features,
and is further amended after
such date of enactment to
provide such previously
eliminated benefits, rights, or
features to a closed class of
participants, or.
(ii) such section
401(o)(1)(B)(iii) or section
401(a)(26), the plan was
amended before the date of the
enactment of this Act to cease
all benefit accruals, and is
further amended after such date
of enactment to provide benefit
accruals to a closed class of
participants..
Any such section shall only apply if the plan
otherwise meets the requirements of such section
and in applying such section, the date the class of
participants is closed shall be the effective date
of the later amendment..
SEC. 206. MODIFICATION OF PBGC PREMIUMS FOR CSEC PLANS.
(a) Flat Rate Premium.--Subparagraph (A) of section 4006(a)(3) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is
amended--
(1) in clause (i), by striking
``plan,'' and inserting ``plan other
than a CSEC plan (as defined in section
210(f)(1))'';
(2) in clause (v), by striking ``or''
at the end;
(3) in clause (vi), by striking the
period at the end and inserting ``,
or''; and
(4) by adding at the end the following
new clause:
``(vii) in the case of a CSEC
plan (as defined in section
210(f)(1)), for plan years
beginning after December 31,
2018, for each individual who
is a participant in such plan
during the plan year an amount
equal to the sum of--.
<RULE>
``(I) the
additional
premium (if
any)
determined
under
subparagraph
(E), and____
<RULE>
``(II)
$19.''._____
(b) Variable Rate Premium.--
(1) Unfunded vested benefits.--
(A) In general.--Subparagraph (E) of section
4006(a)(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1306(a)(3)) is
amended by adding at the end the following new
clause:.
``(v) For purposes of clause (ii), in the case
of a CSEC plan (as defined in section 210(f)(1)),
the term `unfunded vested benefits' means, for plan
years beginning after December 31, 2018, the excess
(if any) of--.
``(I) the funding liability of
the plan as determined under
section 306(j)(5)(C) for the
plan year by only taking into
account vested benefits, over.
``(II) the fair market value of
plan assets for the plan year
which are held by the plan on
the valuation date.''..
(B) Conforming amendment.--Clause (iii) of
section 4006(a)(3)(E) of such Act (29 U.S.C.
1306(a)(3)(E)) is amended by striking ``For
purposes'' and inserting ``Except as provided in
clause (v), for purposes''..
(2) Applicable dollar amount.--
(A) In general.--Paragraph (8) of section
4006(a) of such Act (29 U.S.C. 1306(a)) is amended
by adding at the end the following new
subparagraph:.
``(E) CSEC plans.--In the case of a CSEC plan
(as defined in section 210(f)(1)), the applicable
dollar amount shall be $9.''..
(B) Conforming amendment.--Subparagraph (A) of
section 4006(a)(8) of such Act (29 U.S.C.
1306(a)(8)) is amended by striking ``(B) and (C)''
and inserting ``(B), (C), and (E)''..
TITLE III--OTHER BENEFITS
SEC. 301. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL
RESPONDERS.
(a) Increase in Dollar Limitation on Qualified Payments.--Subparagraph
(B) of section 139B(c)(2) of the Internal Revenue Code of 1986 is amended
by striking ``$30'' and inserting ``$50''.
(b) Extension.--Section 139B(d) of the Internal Revenue Code of 1986 is
amended by striking ``beginning after December 31, 2010.'' and inserting
``beginning--
``(1) after December 31, 2010, and
before January 1, 2020, or
``(2) after December 31, 2020.''.
(c) Technical Correction.--Section 3121(a)(23) of such Code is amended
by striking ``139B(b)'' and inserting ``section 139B(a)''.
(d) Effective Date.--The amendments made by this section shall apply to
taxable years beginning after December 31, 2019.
SEC. 302. EXPANSION OF SECTION 529 PLANS.
(a) Distributions for Certain Expenses Associated With Registered
Apprenticeship Programs.--Section 529(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(8) Treatment of certain expenses
associated with registered
apprenticeship programs.--Any reference
in this subsection to the term
`qualified higher education expense'
shall include a reference to expenses
for fees, books, supplies, and
equipment required for the
participation of a designated
beneficiary in an apprenticeship
program registered and certified with
the Secretary of Labor under section 1
of the National Apprenticeship Act (29
U.S.C. 50).''.
(b) Distributions for Qualified Education Loan Repayments.--
(1) In general.--Section 529(c) of such
Code, as amended by subsection (a), is
amended by adding at the end the
following new paragraph:
``(9) Treatment of qualified education
loan repayments.--
``(A) In general.--Any reference in this
subsection to the term `qualified higher education
expense' shall include a reference to amounts paid
as principal or interest on any qualified education
loan (as defined in section 221(d)) of the
designated beneficiary or a sibling of the
designated beneficiary..
``(B) Limitation.--The amount of distributions
treated as a qualified higher education expense
under this paragraph with respect to the loans of
any individual shall not exceed $10,000 (reduced by
the amount of distributions so treated for all
prior taxable years)..
``(C) Special rules for siblings of the
designated beneficiary.--.
``(i) Separate accounting.--For
purposes of subparagraph (B)
and subsection (d), amounts
treated as a qualified higher
education expense with respect
to the loans of a sibling of
the designated beneficiary
shall be taken into account
with respect to such sibling
and not with respect to such
designated beneficiary..
``(ii) Sibling defined.--For
purposes of this paragraph, the
term `sibling' means an
individual who bears a
relationship to the designated
beneficiary which is described
in section 152(d)(2)(B).''..
(2) Coordination with deduction for
student loan interest.--Section
221(e)(1) of such Code is amended by
adding at the end the following: ``The
deduction otherwise allowable under
subsection (a) (prior to the
application of subsection (b)) to the
taxpayer for any taxable year shall be
reduced (but not below zero) by so much
of the distributions treated as a
qualified higher education expense
under section 529(c)(9) with respect to
loans of the taxpayer as would be
includible in gross income under
section 529(c)(3)(A) for such taxable
year but for such treatment.''.
(c) Effective Date.--The amendments made by this section shall apply to
distributions made after December 31, 2018.
TITLE IV--REVENUE PROVISIONS
SEC. 401. MODIFICATION OF REQUIRED DISTRIBUTION RULES FOR DESIGNATED
BENEFICIARIES.
(a) Modification of Rules Where Employee Dies Before Entire
Distribution.--
(1) In general.--Section 401(a)(9) of
the Internal Revenue Code of 1986 is
amended by adding at the end the
following new subparagraph:
``(H) Special rules for certain defined
contribution plans.--In the case of a defined
contribution plan, if an employee dies before the
distribution of the employee's entire interest--.
``(i) In general.--Except in
the case of a beneficiary who
is not a designated
beneficiary, subparagraph
(B)(ii)--.
<RULE>
``(I) shall
be applied
by
substituting
`10 years'
for `5
years', and_
<RULE>
``(II) shall
apply
whether or
not
distributions
of the
employee's
interests
have begun
in
accordance
with
subparagraph
(A).________
``(ii) Exception for eligible
designated beneficiaries.--
Subparagraph (B)(iii) shall
apply only in the case of an
eligible designated
beneficiary..
``(iii) Rules upon death of
eligible designated
beneficiary.--If an eligible
designated beneficiary dies
before the portion of the
employee's interest to which
this subparagraph applies is
entirely distributed, the
exception under clause (ii)
shall not apply to any
beneficiary of such eligible
designated beneficiary and the
remainder of such portion shall
be distributed within 10 years
after the death of such
eligible designated
beneficiary..
``(iv) Special rule in case of
certain trusts for disabled or
chronically ill
beneficiaries.--In the case of
an applicable multi-beneficiary
trust, if under the terms of
the trust--.
<RULE>
``(I) it is
to be
divided
immediately
upon the
death of the
employee
into
separate
trusts for
each
beneficiary,
or__________
<RULE>
``(II) no
individual
(other than
a eligible
designated
beneficiary
described in
subclause
(III) or
(IV) of
subparagraph
(E)(ii)) has
any right to
the
employee's
interest in
the plan
until the
death of all
such
eligible
designated
beneficiaries
with
respect to
the trust,__
for purposes of a trust described
in subclause (I), clause (ii)
shall be applied separately
with respect to the portion of
the employee's interest that is
payable to any eligible
designated beneficiary
described in subclause (III) or
(IV) of subparagraph (E)(ii);
and, for purposes of a trust
described in subclause (II),
subparagraph (B)(iii) shall
apply to the distribution of
the employee's interest and any
beneficiary who is not such an
eligible designated beneficiary
shall be treated as a
beneficiary of the eligible
designated beneficiary upon the
death of such eligible
designated beneficiary..
``(v) Applicable multi-
beneficiary trust.--For
purposes of this subparagraph,
the term `applicable multi-
beneficiary trust' means a
trust--.
<RULE>
``(I) which
has more
than one
beneficiary,
<RULE>
``(II) all
of the
beneficiaries
of which
are treated
as
designated
beneficiaries
for
purposes of
determining
the
distribution
period
pursuant to
this
paragraph,
and_________
<RULE>
``(III) at
least one of
the
beneficiaries
of which is
an eligible
designated
beneficiary
described in
subclause
(III) or
(IV) of
subparagraph
(E)(ii).____
``(vi) Application to certain
eligible retirement plans.--For
purposes of applying the
provisions of this subparagraph
in determining amounts required
to be distributed pursuant to
this paragraph, all eligible
retirement plans (as defined in
section 402(c)(8)(B), other
than a defined benefit plan
described in clause (iv) or (v)
thereof or a qualified trust
which is a part of a defined
benefit plan) shall be treated
as a defined contribution
plan.''..
(2) Definition of eligible designated
beneficiary.--Section 401(a)(9)(E) of
such Code is amended to read as
follows:
``(E) Definitions and rules relating to
designated beneficiaries.--For purposes of this
paragraph--.
``(i) Designated beneficiary.--
The term `designated
beneficiary' means any
individual designated as a
beneficiary by the employee..
``(ii) Eligible designated
beneficiary.--The term
`eligible designated
beneficiary' means, with
respect to any employee, any
designated beneficiary who is--
.
<RULE>
``(I) the
surviving
spouse of
the
employee,___
<RULE>
``(II)
subject to
clause
(iii), a
child of the
employee who
has not
reached
majority
(within the
meaning of
subparagraph
(F)),_______
<RULE>
``(III)
disabled
(within the
meaning of
section
72(m)(7)),__
<RULE>
``(IV) a
chronically
ill
individual
(within the
meaning of
section
7702B(c)(2),
except that
the
requirements
of
subparagraph
(A)(i)
thereof
shall only
be treated
as met if
there is a
certification
that, as of
such date,
the period
of inability
described in
such
subparagraph
with respect
to the
individual
is an
indefinite
one which is
reasonably
expected to
be lengthy
in nature),
or__________
<RULE>
``(V) an
individual
not
described in
any of the
preceding
subclauses
who is not
more than 10
years
younger than
the
employee.___
The determination of whether a
designated beneficiary is an
eligible designated beneficiary
shall be made as of the date of
death of the employee..
``(iii) Special rule for
children.--Subject to
subparagraph (F), an individual
described in clause (ii)(II)
shall cease to be an eligible
designated beneficiary as of
the date the individual reaches
majority and any remainder of
the portion of the individual's
interest to which subparagraph
(H)(ii) applies shall be
distributed within 10 years
after such date.''..
(b) Effective Dates.--
(1) In general.--Except as provided in
this subsection, the amendments made by
this section shall apply to
distributions with respect to employees
who die after December 31, 2019.
(2) Collective bargaining exception.--
In the case of a plan maintained
pursuant to 1 or more collective
bargaining agreements between employee
representatives and 1 or more employers
ratified before the date of enactment
of this Act, the amendments made by
this section shall apply to
distributions with respect to employees
who die in calendar years beginning
after the earlier of--
(A) the later of--.............................
(i) the date on which the last
of such collective bargaining
agreements terminates
(determined without regard to
any extension thereof agreed to
on or after the date of the
enactment of this Act), or.
(ii) December 31, 2019, or.....
(B) December 31, 2021..........................
For purposes of subparagraph (A)(i), any
plan amendment made pursuant to a
collective bargaining agreement
relating to the plan which amends the
plan solely to conform to any
requirement added by this section shall
not be treated as a termination of such
collective bargaining agreement.
(3) Governmental plans.--In the case of
a governmental plan (as defined in
section 414(d) of the Internal Revenue
Code of 1986), paragraph (1) shall be
applied by substituting ``December 31,
2021'' for ``December 31, 2019''.
(4) Exception for certain existing
annuity contracts.--
(A) In general.--The amendments made by this
section shall not apply to a qualified annuity
which is a binding annuity contract in effect on
the date of enactment of this Act and at all times
thereafter..
(B) Qualified annuity.--For purposes of this
paragraph, the term ``qualified annuity'' means,
with respect to an employee, an annuity--.
(i) which is a commercial
annuity (as defined in section
3405(e)(6) of the Internal
Revenue Code of 1986);.
(ii) under which the annuity
payments are made over the life
of the employee or over the
joint lives of such employee
and a designated beneficiary
(or over a period not extending
beyond the life expectancy of
such employee or the joint life
expectancy of such employee and
a designated beneficiary) in
accordance with the regulations
described in section
401(a)(9)(A)(ii) of such Code
(as in effect before such
amendments) and which meets the
other requirements of section
401(a)(9) of such Code (as so
in effect) with respect to such
payments; and.
(iii) with respect to which--..
<RULE>
(I) annuity
payments to
the employee
have begun
before the
date of
enactment of
this Act,
and the
employee has
made an
irrevocable
election
before such
date as to
the method
and amount
of the
annuity
payments to
the employee
or any
designated
beneficiaries
; or________
<RULE>
(II) if
subclause
(I) does not
apply, the
employee has
made an
irrevocable
election
before the
date of
enactment of
this Act as
to the
method and
amount of
the annuity
payments to
the employee
or any
designated
beneficiaries
.___________
(5) Exception for certain
beneficiaries.--
(A) In general.--If an employee dies before the
effective date, then, in applying the amendments
made by this section to such employee's designated
beneficiary who dies after such date--.
(i) such amendments shall apply
to any beneficiary of such
designated beneficiary; and.
(ii) the designated beneficiary
shall be treated as an eligible
designated beneficiary for
purposes of applying section
401(a)(9)(H)(ii) of the
Internal Revenue Code of 1986
(as in effect after such
amendments)..
(B) Effective date.--For purposes of this
paragraph, the term ``effective date'' means the
first day of the first calendar year to which the
amendments made by this section apply to a plan
with respect to employees dying on or after such
date..
SEC. 402. INCREASE IN PENALTY FOR FAILURE TO FILE.
(a) In General.--The second sentence of subsection (a) of section 6651
of the Internal Revenue Code of 1986 is amended by striking ``$330'' and
inserting ``$435''.
(b) Inflation Adjustment.--Section 6651(j)(1) of such Code is amended
by striking ``$330'' and inserting ``$435''.
(c) Effective Date.--The amendments made by this section shall apply to
returns the due date for which (including extensions) is after December 31,
2019.
SEC. 403. INCREASED PENALTIES FOR FAILURE TO FILE RETIREMENT PLAN RETURNS.
(a) In General.--Subsection (e) of section 6652 of the Internal Revenue
Code of 1986 is amended--
(1) by striking ``$25'' and inserting
``$250''; and
(2) by striking ``$15,000'' and
inserting ``$150,000''.
(b) Annual Registration Statement and Notification of Changes.--
Subsection (d) of section 6652 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``$1'' both places it
appears in paragraphs (1) and (2) and
inserting ``$10'';
(2) by striking ``$5,000'' in paragraph
(1) and inserting ``$50,000''; and
(3) by striking ``$1,000'' in paragraph
(2) and inserting ``$10,000''.
(c) Failure To Provide Notice.--Subsection (h) of section 6652 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$10'' and inserting
``$100''; and
(2) by striking ``$5,000'' and
inserting ``$50,000''.
(d) Effective Date.--The amendments made by this section shall apply to
returns, statements, and notifications required to be filed, and notices
required to be provided, after December 31, 2019.
SEC. 404. INCREASE INFORMATION SHARING TO ADMINISTER EXCISE TAXES.
(a) In General.--Section 6103(o) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(3) Taxes imposed by section 4481.--
Returns and return information with
respect to taxes imposed by section
4481 shall be open to inspection by or
disclosure to officers and employees of
United States Customs and Border
Protection of the Department of
Homeland Security whose official duties
require such inspection or disclosure
for purposes of administering such
section.''.
(b) Conforming Amendments.--Paragraph (4) of section 6103(p) of the
Internal Revenue Code of 1986 is amended by striking ``or (o)(1)(A)'' each
place it appears and inserting ``, (o)(1)(A), or (o)(3)''.
TITLE V--TAX RELIEF FOR CERTAIN CHILDREN
SEC. 501. MODIFICATION OF RULES RELATING TO THE TAXATION OF UNEARNED INCOME
OF CERTAIN CHILDREN.
(a) In General.--Section 1(j) of the Internal Revenue Code of 1986 is
amended by striking paragraph (4).
(b) Coordination With Alternative Minimum Tax.--Section 55(d)(4)(A) of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (i)(II), by striking the period at the end of clause (ii)(III)
and inserting ``, and'', and by adding at the end the following new clause:
``(iii) subsection (j) of
section 59 shall not apply.''..
(c) Effective Date.--
(1) In general.--Except as otherwise
provided in this subsection, the
amendment made by subsection (a) shall
apply to taxable years beginning after
December 31, 2019.
(2) Coordination with alternative
minimum tax.--The amendment made by
subsection (b) shall apply to taxable
years beginning after December 31,
2017.
(3) Elective retroactive application.--
A taxpayer may elect (at such time and
in such manner as the Secretary of the
Treasury (or the Secretary's designee)
may provide) for the amendment made by
subsection (a) to also apply to taxable
years of the taxpayer which begin in
2018, 2019, or both (as specified by
the taxpayer in such election).
TITLE VI--ADMINISTRATIVE PROVISIONS
SEC. 601. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any retirement plan or
contract amendment--
(1) such retirement plan or contract
shall be treated as being operated in
accordance with the terms of the plan
during the period described in
subsection (b)(2)(A); and
(2) except as provided by the Secretary
of the Treasury (or the Secretary's
delegate), such retirement plan shall
not fail to meet the requirements of
section 411(d)(6) of the Internal
Revenue Code of 1986 and section 204(g)
of the Employee Retirement Income
Security Act of 1974 by reason of such
amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall
apply to any amendment to any
retirement plan or annuity contract
which is made--
(A) pursuant to any amendment made by this Act
or pursuant to any regulation issued by the
Secretary of the Treasury or the Secretary of Labor
(or a delegate of either such Secretary) under this
Act; and.
(B) on or before the last day of the first plan
year beginning on or after January 1, 2022, or such
later date as the Secretary of the Treasury may
prescribe..
In the case of a governmental plan (as
defined in section 414(d) of the
Internal Revenue Code of 1986), or an
applicable collectively bargained plan
in the case of section 401 (and the
amendments made thereby), this
paragraph shall be applied by
substituting ``2024'' for ``2022''. For
purposes of the preceding sentence, the
term ``applicable collectively
bargained plan'' means a plan
maintained pursuant to 1 or more
collective bargaining agreements
between employee representatives and 1
or more employers ratified before the
date of enactment of this Act.
(2) Conditions.--This section shall not
apply to any amendment unless--
(A) during the period--........................
(i) beginning on the date the
legislative or regulatory
amendment described in
paragraph (1)(A) takes effect
(or in the case of a plan or
contract amendment not required
by such legislative or
regulatory amendment, the
effective date specified by the
plan); and.
(ii) ending on the date
described in paragraph (1)(B)
(as modified by the second
sentence of paragraph (1)) (or,
if earlier, the date the plan
or contract amendment is
adopted),.
the plan or contract is operated as if such plan or
contract amendment were in effect; and.
(B) such plan or contract amendment applies
retroactively for such period..
DIVISION P--OTHER MATTER
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Temporary Relief from Certain
ERISA Requirements Act of 2020''.
SEC. 102. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior, acting through the Commissioner of Reclamation and in
partnership with the States, other Federal agencies, and other non-
Federal entities, to continue the cooperative effort among the Federal
and non-Federal entities through the continued implementation of the
Platte River Recovery Implementation Program First Increment Extension
for threatened and endangered species in the Central and Lower Platte
River Basin without creating Federal water rights or requiring the
grant of water rights to Federal entities.
SEC. 103. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the Secretary,
including an amendment or addendum to the Agreement to extend
the Program.
(2) First increment.--The term ``First Increment'' means
the Program's first 13 years from January 1, 2007 through
December 31, 2019.
(3) First increment extension.--The term ``First Increment
Extension'' means the extension of the Program for 13 years
from January 1, 2020 through December 31, 2032.
(4) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(5) Interest in land or water.--The term ``interest in land
or water'' includes fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined to
be necessary by the Secretary to implement the land and water
components of the Program.
(6) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the Agreement
and continued under an amendment or addendum to the Agreement.
(7) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting, or other
compliance activity, construction, construction
management, operation, maintenance, and replacement of
a facility;
(B) the acquisition of an interest in land or
water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be
necessary by the Secretary to carry out the Program.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(9) States.--The term ``States'' means the States of
Colorado, Nebraska, and Wyoming.
SEC. 104. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM.
(a) Implementation of Program.--
(1) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(A) participate in the Program; and
(B) carry out any projects and activities that are
designated for implementation during the First
Increment Extension.
(2) Authority of the secretary.--For the purposes of
carrying out this section, the Secretary, in cooperation with
the Governance Committee, may--
(A) enter into agreements and contracts with
Federal and non-Federal entities;
(B) acquire interests in land, water, and
facilities from willing sellers without the use of
eminent domain;
(C) subsequently transfer any interests acquired
under subparagraph (B); and
(D) accept or provide grants.
(b) Cost-Sharing Contributions.--
(1) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(2) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(A) An additional $28,000,000 in non-Federal funds,
with the balance of funds remaining to be contributed
to be adjusted for inflation on October 1 of the year
after the date of enactment of this Act and each
October 1 thereafter.
(B) Additional credit for contributions of water or
land for the purposes of implementing the Program, as
determined to be appropriate by the Secretary.
(3) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-Federal
share, respectively, in the form of in-kind goods or services,
if the contribution of goods or services is approved by the
Governance Committee, as provided in Attachment 1 of the
Agreement.
(c) Authority To Modify Program.--The Program may be modified or
amended before the completion of the First Increment Extension if the
Secretary and the States determine that the modifications are
consistent with the purposes of the Program.
(d) Effect.--
(1) Effect on reclamation laws.--No action carried out
under this section shall, with respect to the acreage
limitation provisions of the reclamation laws--
(A) be considered in determining whether a district
(as the term is defined in section 202 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390bb)) has
discharged the obligation of the district to repay the
construction cost of project facilities used to make
irrigation water available for delivery to land in the
district;
(B) serve as the basis for reinstating acreage
limitation provisions in a district that has completed
payment of the construction obligations of the
district; or
(C) serve as the basis for increasing the
construction repayment obligation of the district,
which would extend the period during which the acreage
limitation provisions would apply.
(2) Effect on water rights.--Nothing in this section--
(A) creates Federal water rights; or
(B) requires the grant of water rights to Federal
entities.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out projects and activities under this section an
additional $78,000,000 as adjusted under paragraph (3).
(2) Nonreimbursable federal expenditures.--Any amounts to
be expended under paragraph (1) shall be considered
nonreimbursable Federal expenditures.
(3) Adjustment.--The balance of funds remaining to be
expended shall be adjusted for inflation on October 1 of the
year after the date of enactment of this Act and each October 1
thereafter.
(4) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made available
under paragraph (1) shall be retained for use in future fiscal
years to implement projects and activities under the Program.
Any unexpended funds appropriated during the First Increment
shall be retained and carried over from the First Increment
into the First Increment Extension.
(f) Termination of Authority.--The authority for the Secretary to
implement the First Increment Extension shall terminate on September
30, 2033.
TITLE II--GREAT LAKES
SEC. 201. GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Great lakes basin.--The term ``Great Lakes Basin''
means the air, land, water, and living organisms in the United
States within the drainage basin of the Saint Lawrence River at
and upstream from the point at which such river and the Great
Lakes become the international boundary between Canada and the
United States.
(b) Findings.--Congress finds the following:
(1) The Great Lakes support a diverse ecosystem, on which
the vibrant and economically valuable Great Lakes fisheries
depend.
(2) To continue successful fisheries management and
coordination, as has occurred since signing of the Convention
on Great Lakes Fisheries between the United States and Canada
on September 10, 1954, management of the ecosystem and its
fisheries require sound, reliable science, and the use of
modern scientific technologies.
(3) Fisheries research is necessary to support multi-
jurisdictional fishery management decisions and actions
regarding recreational and sport fishing, commercial fisheries,
tribal harvest, allocation decisions, and fish stocking
activities.
(4) President Richard Nixon submitted, and the Congress
approved, Reorganization Plan No. 4 (84 Stat. 2090), conferring
science activities and management of marine fisheries to the
National Oceanic and Atmospheric Administration.
(5) Reorganization Plan No. 4 expressly excluded fishery
research activities within the Great Lakes from the transfer,
retaining management and scientific research duties within the
already-established jurisdictions under the 1954 Convention on
Great Lakes Fisheries, including those of the Great Lakes
Fishery Commission and the Department of the Interior.
(c) Monitoring, Assessment, Science, and Research.--
(1) In general.--The Director may conduct monitoring,
assessment, science, and research, in support of the binational
fisheries within the Great Lakes Basin.
(2) Specific authorities.--The Director shall, under
paragraph (1)--
(A) execute a comprehensive, multi-lake, freshwater
fisheries science program;
(B) coordinate with and work cooperatively with
regional, State, tribal, and local governments; and
(C) consult with other interested entities groups,
including academia and relevant Canadian agencies.
(3) Included research.--To properly serve the needs of
fisheries managers, monitoring, assessment, science, and
research under this section may include--
(A) deepwater ecosystem sciences;
(B) biological and food-web components;
(C) fish movement and behavior investigations;
(D) fish population structures;
(E) fish habitat investigations;
(F) invasive species science;
(G) use of existing, new, and experimental
biological assessment tools, equipment, vessels, other
scientific instrumentation and laboratory capabilities
necessary to support fishery management decisions; and
(H) studies to assess impacts on Great Lakes
Fishery resources.
(4) Savings clause.--Nothing in this section is intended or
shall be construed to impede, supersede, or alter the authority
of the Great Lakes Fishery Commission, States, and Indian
tribes under the Convention on Great Lakes Fisheries between
the United States of America and Canada on September 10, 1954,
and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et
seq.).
(d) Authorization of Appropriations.--For each of fiscal years 2021
through 2025, there is authorized to be appropriated $15,000,000 to
carry out this section.
TITLE III--MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION
SEC. 301. FINDINGS.
Congress finds the following:
(1) Since 1999, the Morris K. Udall and Stewart L. Udall
Foundation (referred to in this Act as the ``Foundation'') has
operated the Parks in Focus program to provide opportunities
for the youth of the United States to learn about and
experience the Nation's parks and wilderness, and other outdoor
areas.
(2) Since 2001, the Foundation has conducted research and
provided education and training to Native American and Alaska
Native professionals and leaders on Native American and Alaska
Native health care issues and tribal public policy through the
Native Nations Institute for Leadership, Management, and
Policy.
(3) The Foundation is committed to continuing to make a
substantial contribution toward public policy in the future
by--
(A) playing a significant role in developing the
next generation of environmental, public health, public
lands, natural resource, and Native American leaders;
and
(B) working with current leaders to improve
collaboration and decision-making on challenging
environmental, energy, public health, and related
economic problems and tribal governance and economic
development issues.
SEC. 302. DEFINITIONS.
(a) In General.--Section 4 of the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5602) is amended--
(1) in paragraph (2), by striking ``the Udall Center for
Studies in Public Policy established at the University of
Arizona in 1987'' and inserting ``the Udall Center for Studies
in Public Policy established in 1987 at the University of
Arizona, and includes the Native Nations Institute'';
(2) by striking paragraph (6);
(3) by redesignating paragraphs (3) through (5), (8), and
(9) as paragraphs (4) through (6), (11), and (12),
respectively;
(4) by inserting after paragraph (2) the following:
``(3) the term `collaboration' means to work in partnership
with other entities for the purpose of--
``(A) resolving disputes;
``(B) addressing issues that may cause or result in
disputes; or
``(C) streamlining and enhancing Federal, State, or
tribal environmental and natural resource decision-
making processes or procedures that may result in a
dispute or conflict;'';
(5) in paragraph (7), by striking ``section 1201(a)'' and
inserting ``section 101(a)'';
(6) by inserting after paragraph (7) the following:
``(8) the term `National Center' means the John S. McCain
III National Center for Environmental Conflict Resolution
established pursuant to section 7(a)(1)(B);''; and
(7) by inserting after paragraph (8), as added by paragraph
(6), the following:
``(9) the term `Nation's parks and wilderness' means units
of the National Park System and components of the National
Wilderness Preservation System;
``(10) the term `Native Nations Institute' means the Native
Nations Institute for Leadership, Management, and Policy
established at the University of Arizona in 2001;''.
(b) Conforming Amendment.--Section 3(5)(B) of the Morris K. Udall
and Stewart L. Udall Foundation Act (20 U.S.C. 5601(5)(B)) is amended
by striking ``the United States Institute for Environmental Conflict
Resolution'' and inserting ``the National Center (previously known as
the United States Institute for Environmental Conflict Resolution)''.
(c) References to United States Institute for Environmental
Conflict Resolution.--Any reference to the United States Institute for
Environmental Conflict Resolution in any Federal law, Executive Order,
rule, delegation of authority, or document shall be construed to refer
to the John S. McCain III National Center for Environmental Conflict
Resolution established under section 7(a)(1)(B) of the Morris K. Udall
and Stewart L. Udall Foundation Act (20 U.S.C. 5605(a)(1)(B)).
SEC. 303. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L. UDALL
FOUNDATION.
Section 5(e) of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5603(e)) is amended by striking ``Arizona.'' and
inserting ``Arizona and the District of Columbia.''.
SEC. 304. PURPOSE OF THE FOUNDATION.
Section 6 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5604) is amended--
(1) in paragraph (4), by striking ``establish a Program for
Environmental Policy Research and Environmental Conflict
Resolution and Training at the Center'' and inserting
``establish a program for environmental policy research at the
Center and a program for environmental conflict resolution and
training at the National Center'';
(2) in paragraph (5), by inserting ``, natural resource,
conflict resolution,'' after ``environmental'';
(3) in paragraph (7)--
(A) by inserting ``at the Native Nations
Institute'' after ``develop resources''; and
(B) by inserting ``providing education to and''
after ``policy, by''; and
(4) in paragraph (8)--
(A) by striking ``United States Institute for
Environmental Conflict Resolution'' and inserting
``John S. McCain III National Center for Environmental
Conflict Resolution''; and
(B) by striking ``resolve environmental'' and
inserting ``resolve environmental issues, conflicts,
and''.
SEC. 305. AUTHORITY OF THE FOUNDATION.
Section 7 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5605) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) through
(C) and inserting the following:
``(A) General programming authority.--The
Foundation is authorized to identify and conduct,
directly or by contract, such programs, activities, and
services as the Foundation considers appropriate to
carry out the purposes described in section 6, which
may include--
``(i) awarding scholarships, fellowships,
internships, and grants, by national
competition, to eligible individuals, as
determined by the Foundation and in accordance
with paragraphs (2), (3), and (4), for study in
fields related to the environment or Native
American and Alaska Native health care and
tribal policy;
``(ii) funding the Center to carry out and
manage other programs, activities, and
services; and
``(iii) other education programs that the
Board determines are consistent with the
purposes for which the Foundation is
established.'';
(ii) by redesignating subparagraph (D) as
subparagraph (B); and
(iii) in subparagraph (B), as
redesignated--
(I) in the subparagraph heading, by
striking ``Institute for Environmental
Conflict Resolution'' and inserting
``John s. mccain iii national center
for environmental conflict
resolution'';
(II) in clause (i)--
(aa) in subclause (I), by
striking ``United States
Institute for Environmental
Conflict Resolution'' and
inserting ``John S. McCain III
National Center for
Environmental Conflict
Resolution''; and
(bb) in subclause (II)--
(AA) by inserting
``collaboration,''
after ``mediation,'';
and
(BB) by striking
``to resolve
environmental
disputes.'' and
inserting the
following: ``to
resolve--
``(aa) environmental
disputes; and
``(bb) Federal, State, or
tribal environmental or natural
resource decision-making
processes or procedures that
may result in a dispute or
conflict that may cause or
result in disputes.''; and
(III) in clause (ii), by inserting
``collaboration,'' after
``mediation,'';
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively;
(D) by inserting after paragraph (4) the following:
``(5) Parks in focus.--The Foundation shall--
``(A) identify and invite the participation of
youth throughout the United States to enjoy the
Nation's parks and wilderness and other outdoor areas,
in an education program intended to carry out the
purpose of paragraphs (1) and (2) of section 6; and
``(B) provide training and education programs and
activities to teach Federal employees, natural resource
professionals, elementary and secondary school
educators, and others to work with youth to promote the
use and enjoyment of the Nation's parks and wilderness
and other outdoor areas.
``(6) Specific programs.--The Foundation shall assist in
the development and implementation of programs at the Center--
``(A) to provide for an annual meeting of experts
to discuss contemporary environmental issues;
``(B) to conduct environmental policy research; and
``(C) to promote dialogue with visiting
policymakers on environmental, natural resource, and
public lands issues.'';
(E) in paragraph (7), as redesignated by
subparagraph (C), by striking ``Morris K. Udall's
papers'' and inserting ``the papers of Morris K. Udall
and Stewart L. Udall''; and
(F) by adding at the end the following:
``(9) Native nations institute.--The Foundation shall
provide direct or indirect assistance to the Native Nations
Institute from the annual appropriations to the Trust Fund in
such amounts as Congress may direct to conduct research and
provide education and training to Native American and Alaska
Native professionals and leaders on Native American and Alaska
Native health care issues and tribal public policy issues as
provided in section 6(7).'';
(2) by striking subsection (c) and inserting the following:
``(c) Program Priorities.--
``(1) In general.--The Foundation shall determine the
priority of the programs to be carried out under this Act and
the amount of funds to be allocated for such programs from the
funds earned annually from the interest derived from the
investment of the Trust Fund, subject to paragraph (2).
``(2) Limitations.--In determining the amount of funds to
be allocated for programs carried out under this Act for a
year--
``(A) not less than 50 percent of such annual
interest earnings shall be utilized for the programs
set forth in paragraphs (2), (3), (4), and (5) of
subsection (a);
``(B) not more than 17.5 percent of such annual
interest earnings shall be allocated for salaries and
other administrative purposes; and
``(C) not less than 20 percent of such annual
interest earnings shall be appropriated to the Center
for activities under paragraphs (7) and (8) of
subsection (a).''; and
(3) by adding at the end the following:
``(d) Donations.--Any funds received by the Foundation in the form
of donations or grants, as well as any unexpended earnings on interest
from the Trust Fund that is carried forward from prior years--
``(1) shall not be included in the calculation of the funds
available for allocations pursuant to subsection (c); and
``(2) shall be available to carry out the provisions of
this Act as the Board determines to be necessary and
appropriate.''.
SEC. 306. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
Section 10(b) of the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5607a(b)) is amended by striking
``Institute'' and inserting ``National Center''.
SEC. 307. USE OF THE NATIONAL CENTER BY A FEDERAL AGENCY OR OTHER
ENTITY.
Section 11 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5607b) is amended--
(1) in the section heading, by striking ``the institute''
and inserting ``the national center'';
(2) in subsection (a)--
(A) by striking ``Institute'' and inserting
``National Center'';
(B) by inserting ``collaboration,'' after
``mediation,''; and
(C) by striking ``resources.'' and inserting
``resources, or with a Federal, State, or tribal
process or procedure that may result in a dispute or
conflict.'';
(3) in subsection (b)(1), by striking ``Institute'' and
inserting ``National Center'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``Institute'' and
inserting ``National Center'';
(B) in paragraph (2)(C), by inserting ``mediation,
collaboration, and'' after ``agree to''; and
(C) in paragraph (3)(A), by striking ``Institute''
and inserting ``National Center'';
(5) in each of paragraphs (1)(A) and (2) of subsection (d),
by striking ``Institute'' and inserting ``National Center'';
(6) in each of paragraphs (1) and (2) of subsection (e), by
striking ``Institute'' and inserting ``National Center''; and
(7) in subsection (f), by striking ``Institute'' and
inserting ``National Center''.
SEC. 308. ADMINISTRATIVE PROVISIONS.
Section 12 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5608) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``accept, hold,
administer, and utilize gifts'' and inserting ``accept,
hold, solicit, administer, and utilize donations,
grants, and gifts''; and
(B) in paragraph (7), by striking ``in the District
of Columbia or its environs'' and inserting ``in the
District of Columbia and Tucson, Arizona, or their
environs''; and
(2) in subsection (b), by striking ``, with the exception
of paragraph (4), apply to the Institute'' and inserting
``apply to the National Center''.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation
Act (20 U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``$40,000,000'' and
inserting ``$2,000,000 for each of fiscal years 2020 through
2023''; and
(2) in subsection (b), by striking ``fiscal years 2004
through 2008'' and inserting ``fiscal years 2020 through
2023''.
SEC. 310. AUDIT OF THE FOUNDATION.
Not later than 2 years after the date of enactment of this Act, the
Inspector General of the Department of the Interior shall conduct an
audit of the Morris K. Udall and Stewart L. Udall Foundation.
TITLE IV--WHITE HORSE HILL NATIONAL GAME PRESERVE
SEC. 401. SHORT TITLE.
This title may be cited as the ``White Horse Hill National Game
Preserve Designation Act''.
SEC. 402. DESIGNATION OF WHITE HORSE HILL NATIONAL GAME PRESERVE, NORTH
DAKOTA.
(a) Redesignation.--The first section of the Act of March 3, 1931
(46 Stat. 1509, chapter 439; 16 U.S.C. 674a), is amended by striking
``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill
National Game Preserve''.
(b) Conforming Amendment.--Section 2 of the Act of March 3, 1931
(46 Stat. 1509, chapter 439; 16 U.S.C. 674b), is amended by striking
``Sullys Hill National Game Preserve'' and inserting ``White Horse Hill
National Game Preserve''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Sullys Hill National
Game Preserve shall be considered to be a reference to the ``White
Horse Hill National Game Preserve''.
TITLE V--PITTMAN-ROBERTSON FUND
SEC. 501. MODERNIZING THE PITTMAN-ROBERTSON FUND FOR TOMORROW'S NEEDS.
(a) Short Title.--This title may be cited as the ``Modernizing the
Pittman-Robertson Fund for Tomorrow's Needs Act''.
(b) Purpose.--The first section of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669) is amended by adding at the end the
following: ``One of the purposes of this Act is to provide financial
and technical assistance to the States for the promotion of hunting and
recreational shooting.''.
(c) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (9) as
paragraphs (4) through (11), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) for the purposes of determining the number of paid
hunting-license holders in a State, the term `fiscal year'
means the fiscal year or license year of the State;
``(3) the term `hunter recruitment and recreational shooter
recruitment' means any activity or project to recruit or retain
hunters and recreational shooters, including by--
``(A) outreach and communications as a means--
``(i) to improve communications with
hunters, recreational shooters, and the general
public with respect to hunting and recreational
shooting opportunities;
``(ii) to reduce barriers to participation
in these activities;
``(iii) to advance the adoption of sound
hunting and recreational shooting practices;
``(iv) to promote conservation and the
responsible use of the wildlife resources of
the United States; and
``(v) to further safety in hunting and
recreational shooting;
``(B) providing education, mentoring, and field
demonstrations;
``(C) enhancing access for hunting and recreational
shooting, including through range construction; and
``(D) providing education to the public about the
role of hunting and recreational shooting in funding
wildlife conservation;''.
(d) Apportionment of Available Amounts.--
(1) Apportionment of certain taxes.--The first subsection
(c) of section 4 of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669c) is amended--
(A) by inserting ``Apportionment of Revenues From
Pistols, Revolvers, Bows, and Arrows.--'' after the
enumerator;
(B) by striking ``One-half'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), \1/2\'';
(C) by striking ``: Provided, That'' and inserting
a period;
(D) by striking ``each State shall be apportioned
not more than 3 per centum and not less than 1 per
centum of such revenues'' and inserting the following:
``(2) Condition.--The amount apportioned to each State
under paragraph (1) shall be not greater than 3 percent and not
less than 1 percent of the revenues described in such
paragraph'';
(E) by striking ``For the purpose'' and inserting
the following:
``(3) Population determination.--For the purpose''; and
(F) by adding at the end the following:
``(4) Use of funds.--In addition to other uses authorized
under this Act, amounts apportioned under this subsection may
be used for hunter recruitment and recreational shooter
recruitment.''.
(2) Technical correction.--Section 4 of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(A) by redesignating the second subsection (c) and
subsection (d) as subsections (d) and (e),
respectively; and
(B) by striking ``subsection (c)'' in the
redesignated section 4(e)(3) and replacing it with
``subsection (d), as redesignated''.
(e) Expenditures for Management of Wildlife Areas and Resources.--
Section 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669g) is amended--
(1) in subsection (a), in the third sentence, by striking
``and public relations''; and
(2) in subsection (b), in the first sentence, by striking
``, as a part of such program''.
(f) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669h-1(a)(1)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) the enhancement of hunter recruitment
and recreational shooter recruitment; and''.
(g) Multistate Conservation Grant Program.--
(1) In general.--Section 11 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669h-2) is amended--
(A) in subsection (a)(1)--
(i) by striking ``Not more than'' and
inserting the following:
``(A) In general.--Not more than''; and
(ii) by adding at the end the following:
``(B) Availability for hunter and recreational
shooter grants.--Not more than $5,000,000 of the
revenues covered into the fund from any tax imposed
under section 4161(b) of the Internal Revenue Code of
1986 for a fiscal year shall be available to the
Secretary exclusively for making hunter recruitment and
recreational shooter recruitment grants that promote a
national hunting and shooting sport recruitment
program, including related communication and outreach
activities.'';
(B) in the matter preceding subsection (b)(3)(A),
by striking ``International'';
(C) in the matter preceding subsection
(c)(2)(A)(i), by striking ``International'';
(D) in subsection (c)(2)(A)(i), by inserting ``or
to recreational shooting activities'' after
``wildlife''; and
(E) in subsection (d), by inserting ``or to
recreational shooting activities'' after ``wildlife''.
(2) Study.--Not later than 10 years after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall--
(A) review and evaluate the effects of the funds
made available under subparagraph (B) of section
11(a)(1) of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669h-2(a)(1)) (as added by paragraph
(1)(A)(ii)) on funds available for wildlife
conservation; and
(B) submit a report describing the results of the
review and evaluation under paragraph (1) to--
(i) the Committee on Environment and Public
Works of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
TITLE VI--JOHN F. KENNEDY CENTER
SEC. 601. SHORT TITLE.
This title may be cited as the ``John F. Kennedy Center
Reauthorization Act of 2019''.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
Section 13 of the John F. Kennedy Center Act (20 U.S.C. 76r), as
amended by the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2020, is further amended by striking
subsections (a) and (b) and inserting the following:
``(a) Maintenance, Repair, and Security.--There are authorized to
be appropriated to the Board to carry out section 4(a)(1)(H)--
``(1) $25,690,000 for fiscal year 2020;
``(2) $27,000,000 for fiscal year 2021;
``(3) $28,000,000 for fiscal year 2022;
``(4) $29,000,000 for fiscal year 2023; and
``(5) $30,000,000 for fiscal year 2024.
``(b) Capital Projects.--There are authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1)--
``(1) $17,800,000 for fiscal year 2020;
``(2) $18,000,000 for fiscal year 2021;
``(3) $19,000,000 for fiscal year 2022;
``(4) $20,000,000 for fiscal year 2023; and
``(5) $21,000,000 for fiscal year 2024.''.
SEC. 603. COMMEMORATION OF THE JOHN F. KENNEDY CENTER FOR THE
PERFORMING ARTS.
(a) Sense of Congress.--It is the sense of Congress that the John
F. Kennedy Center for the Performing Arts (referred to in this Act as
the ``Center'')--
(1) recognize the year 2021 as the 50th anniversary of the
opening of the Center;
(2) acknowledge and commemorate the mission of the Center
as a national center for the performing arts and a national
memorial to President John F. Kennedy; and
(3) recognize that the year 2018 is the 60th anniversary of
the signing of the National Cultural Center Act (now known as
the ``John F. Kennedy Center Act'') (20 U.S.C. 76h et seq.),
signed into law by President Dwight D. Eisenhower on September
2, 1958.
(b) Authorization for Plaque.--
(1) In general.--The Center shall place within the Center a
plaque containing an inscription to commemorate the 60th
anniversary of the signing of the National Cultural Center Act
(20 U.S.C. 76h et seq.) by President Dwight D. Eisenhower.
(2) Specifications.--The plaque shall be--
(A)(i) not less than 6 square feet in size; and
(ii) not more than 18 square feet in size;
(B) of any shape that the Trustees of the Center
determine to be appropriate; and
(C) placed at a location within the Center
approximate to the Eisenhower Theater that the Trustees
of the Center determine to be appropriate.
(3) Funding.--
(A) In general.--No Federal funds may be used to
design, procure, or install the plaque.
(B) Exception.--Subparagraph (A) shall not affect
the payment of salaries, expenses, and benefits
otherwise authorized by law for members and employees
of the Center who participate in carrying out this
subsection.
(4) Private fundraising authorized.--
(A) In general.--The Center may solicit and accept
private contributions for the design, procurement, and
installation of the plaque.
(B) Accounting.--The Center may--
(i) establish an account into which any
contributions received pursuant to subparagraph
(A) shall be deposited; and
(ii) maintain documentation of any
contributions received pursuant to subparagraph
(A).
TITLE VII--PRESERVING AMERICA'S BATTLEFIELDS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Preserving America's Battlefields
Act''.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR BATTLEFIELD ACQUISITION
GRANT PROGRAM.
Section 308103(f) of title 54, United States Code, is amended by
striking ``$10,000,000 for each of fiscal years 2012 and 2013'' and
inserting ``$18,000,000 for each of fiscal years 2020 through 2028''.
SEC. 703. ESTABLISHMENT OF BATTLEFIELD INTERPRETATION MODERNIZATION
GRANT PROGRAM AND BATTLEFIELD RESTORATION GRANT PROGRAM.
(a) Establishment of Battlefield Grant Programs.--Chapter 3081 of
title 54, United States Code, is amended by adding at the end the
following:
``Sec. 308104. Battlefield interpretation modernization grant program
``(a) Establishment.--The Secretary shall establish a battlefield
interpretation modernization grant program under which the Secretary
may provide competitive grants to States, Tribes, local governments,
and nonprofit organizations for projects and programs that deploy
technology to modernize battlefield interpretation and education.
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites eligible for assistance under the battlefield acquisition grant
program established under section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a project or
program funded through a grant provided under the program established
under subsection (a) shall be not more than 50 percent of the total
cost of the applicable project or program.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,000,000 for each of fiscal years 2020 through 2028.
``Sec. 308105. Battlefield restoration grant program
``(a) Establishment.--The Secretary shall establish a battlefield
restoration grant program (referred to in this section as the
`program') under which the Secretary may provide grants to States,
Tribes, local governments, and nonprofit organizations for projects
that restore day-of-battle conditions on land preserved under the
battlefield acquisition grant program established under section
308103(b).
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites eligible for assistance under the battlefield acquisition grant
program established under section 308103(b).
``(c) Federal Share.--The Federal share of the cost of a
restoration project funded through a grant provided under the program
shall be not more than 50 percent of the total cost of the project.
``(d) Restoration Standards.--All restoration work carried out
through a grant awarded under the program shall be performed in
accordance with the Secretary of the Interior's Standards for the
Treatment of Historic Properties under part 68 of title 36, Code of
Federal Regulations (or successor regulations).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to provide grants under this section
$1,000,000 for each of fiscal years 2020 through 2028.''.
(b) Clerical Amendment.--The analysis for chapter 3081 of title 54,
United States Code, is amended by adding at the end the following:
``308104. Battlefield interpretation modernization grant program.
``308105. Battlefield restoration grant program.''.
TITLE VIII--VETERANS AFFAIRS REPORT ON DISABILITY COMPENSATION AND THE
POSITIVE ASSOCIATION WITH EXPOSURE TO AN HERBICIDE AGENT
SEC. 801. REPORT ON EFFORTS TO DETERMINE WHETHER TO ADD TO THE LIST OF
DISEASES FOR WHICH PRESUMPTION OF SERVICE-CONNECTION IS
WARRANTED FOR PURPOSES OF DISABILITY COMPENSATION BY
REASON OF HAVING POSITIVE ASSOCIATION WITH EXPOSURE TO AN
HERBICIDE AGENT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Director of the Office of Management and Budget,
shall submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of Representatives a
report setting forth the status of any efforts of the Secretary to
determine whether to promulgate new regulations to add to the list of
diseases for which a presumption of service-connection is warranted for
purposes of section 1110 of title 38, United States Code, by reason of
having positive association with exposure to an herbicide agent.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) A detailed explanation of any delays in making a
determination described in such subsection.
(2) An estimate of the cost of adding to the list of
diseases described in such subsection.
(3) The date the Secretary anticipates on which the
Secretary will promulgate new regulations as described in such
subsection.
(c) Definition of Herbicide Agent.--For purposes of this section,
the term ``herbicide agent'' has the meaning given such term in section
1116 of title 38, United States Code.
TITLE IX--DISASTER RECOVERY WORKFORCE
SEC. 901. SHORT TITLE.
This title may be cited as the ``Disaster Recovery Workforce Act''.
SEC. 902. CONSTRUCTION WORKER PERMITS.
Section 6(d)(3) of the Joint Resolution entitled ``A Joint
Resolution to approve the `Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America', and for other purposes'' (48 U.S.C. 1806(d)(3)) is amended by
adding at the end the following:
``(E) Typhoon recovery.--
``(i) Permits for construction workers.--
Notwithstanding any numerical cap set forth in
subparagraph (B) for each of fiscal years 2020,
2021, and 2022, the Secretary of Homeland
Security shall increase by 3,000, for each such
fiscal year, the total number of permits
available under this subsection for
Construction and Extraction Occupations (as
defined by the Department of Labor as Standard
Occupational Classification Group 47-0000).
``(ii) Permit requirements.--The Secretary
may only issue a permit made available under
clause (i) to a prospective employer if the
permit is for an alien who--
``(I) is a national of a country
designated eligible to participate in
the program under section
101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) during calendar
year 2018; and
``(II) is performing service or
labor pursuant to a contract or
subcontract for construction, repairs,
renovations, or facility services
directly connected to, or associated
with recovery from a presidentially
declared major disaster or emergency
(as those terms are defined in section
102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5122), or for preparation for a
future disaster or emergency.
``(iii) Exception for construction
workers.--Subparagraph (D)(v) shall not apply
to a permit made available under clause (i) for
any fiscal year described in such clause.''.
TITLE X--TELEVISION VIEWER PROTECTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Television Viewer Protection Act
of 2019''.
SEC. 1002. EXTENSION OF AUTHORITY.
(a) In General.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)(C)--
(A) by striking ``until December 31, 2019,''; and
(B) by striking ``antenna,'' and all that follows
and inserting ``antenna under the statutory license of
section 119 of title 17, United States Code;''; and
(2) in paragraph (3)(C), by striking ``until January 1,
2020,'' each place it appears.
(b) Conforming Amendment.--Section 325(b)(2) of the Communications
Act of 1934 (47 U.S.C. 325(b)(2)) is amended by striking ``, the term
`unserved household' has the meaning given that term under section
119(d) of such title''.
SEC. 1003. SATISFACTION OF GOOD FAITH NEGOTIATION REQUIREMENT BY
MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.
(a) Satisfaction of Good Faith Negotiation Requirement.--Section
325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C))
is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(vi) not later than 90 days after the date of the
enactment of the Television Viewer Protection Act of 2019,
specify that--
``(I) a multichannel video programming distributor
may satisfy its obligation to negotiate in good faith
under clause (iii) with respect to a negotiation for
retransmission consent under this section with a large
station group by designating a qualified MVPD buying
group to negotiate on its behalf, so long as the
qualified MVPD buying group itself negotiates in good
faith in accordance with such clause;
``(II) it is a violation of the obligation to
negotiate in good faith under clause (iii) for the
qualified MVPD buying group to disclose the prices,
terms, or conditions of an ongoing negotiation or the
final terms of a negotiation to a member of the
qualified MVPD buying group that is not intending, or
is unlikely, to enter into the final terms negotiated
by the qualified MVPD buying group; and
``(III) a large station group has an obligation to
negotiate in good faith under clause (ii) with respect
to a negotiation for retransmission consent under this
section with a qualified MVPD buying group.''.
(b) Definitions.--Section 325(b)(7) of the Communications Act of
1934 (47 U.S.C. 325(b)(7)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(C) `qualified MVPD buying group' means an entity that,
with respect to a negotiation with a large station group for
retransmission consent under this section--
``(i) negotiates on behalf of two or more
multichannel video programming distributors--
``(I) none of which is a multichannel video
programming distributor that serves more than
500,000 subscribers nationally; and
``(II) that do not collectively serve more
than 25 percent of all households served by a
multichannel video programming distributor in
any single local market in which the applicable
large station group operates; and
``(ii) negotiates agreements for such
retransmission consent--
``(I) that contain standardized contract
provisions, including billing structures and
technical quality standards, for each
multichannel video programming distributor on
behalf of which the entity negotiates; and
``(II) under which the entity assumes
liability to remit to the applicable large
station group all fees received from the
multichannel video programming distributors on
behalf of which the entity negotiates;
``(D) `large station group' means a group of television
broadcast stations that--
``(i) are directly or indirectly under common de
jure control permitted by the regulations of the
Commission;
``(ii) generally negotiate agreements for
retransmission consent under this section as a single
entity; and
``(iii) include only television broadcast stations
that have a national audience reach of more than 20
percent;
``(E) `local market' has the meaning given such term in
section 122(j) of title 17, United States Code; and
``(F) `multichannel video programming distributor' has the
meaning given such term in section 602.''.
(c) Conforming Amendments.--Section 325(b) of the Communications
Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2), by striking ``, and the term `local
market' has the meaning given that term in section 122(j) of
such title''; and
(2) in paragraph (3)(C), by striking ``(as defined in
section 122(j) of title 17, United States Code)'' each place it
appears.
(d) Effective Date.--The amendments made by this section, and the
regulations promulgated by the Federal Communications Commission under
such amendments, shall not take effect before January 1 of the calendar
year after the calendar year in which this Act is enacted.
SEC. 1004. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
(a) In General.--Part IV of title VI of the Communications Act of
1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the
following:
``SEC. 642. REQUIREMENTS RELATING TO CHARGES FOR COVERED SERVICES.
``(a) Consumer Rights in Sales.--
``(1) Right to transparency.--Before entering into a
contract with a consumer for the provision of a covered
service, a provider of a covered service shall provide the
consumer, by phone, in person, online, or by other reasonable
means, the total monthly charge for the covered service,
whether offered individually or as part of a bundled service,
selected by the consumer (explicitly noting the amount of any
applicable promotional discount reflected in such charge and
when such discount will expire), including any related
administrative fees, equipment fees, or other charges, a good
faith estimate of any tax, fee, or charge imposed by the
Federal Government or a State or local government (whether
imposed on the provider or imposed on the consumer but
collected by the provider), and a good faith estimate of any
fee or charge that is used to recover any other assessment
imposed on the provider by the Federal Government or a State or
local government.
``(2) Right to formal notice.--A provider of a covered
service that enters into a contract described in paragraph (1)
shall, not later than 24 hours after entering into the
contract, send the consumer, by email, online link, or other
reasonably comparable means, a copy of the information
described in such paragraph.
``(3) Right to cancel.--A provider of a covered service
that enters into a contract described in paragraph (1) shall
permit the consumer to cancel the contract, without paying
early cancellation fees or other disconnection fees or
penalties, during the 24-hour period beginning when the
provider of the covered service sends the copy required by
paragraph (2).
``(b) Consumer Rights in e-billing.--If a provider of a covered
service provides a bill to a consumer in an electronic format, the
provider shall include in the bill--
``(1) an itemized statement that breaks down the total
amount charged for or relating to the provision of the covered
service by the amount charged for the provision of the service
itself and the amount of all related taxes, administrative
fees, equipment fees, or other charges;
``(2) the termination date of the contract for the
provision of the covered service entered into between the
consumer and the provider; and
``(3) the termination date of any applicable promotional
discount.
``(c) Consumer Rights to Accurate Equipment Charges.--A provider of
a covered service or fixed broadband internet access service may not
charge a consumer for--
``(1) using covered equipment provided by the consumer; or
``(2) renting, leasing, or otherwise providing to the
consumer covered equipment if--
``(A) the provider has not provided the equipment
to the consumer; or
``(B) the consumer has returned the equipment to
the provider, except to the extent that the charge
relates to the period beginning on the date when the
provider provided the equipment to the consumer and
ending on the date when the consumer returned the
equipment to the provider.
``(d) Definitions.--In this section:
``(1) Broadband internet access service.--The term
`broadband internet access service' has the meaning given such
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
``(2) Covered equipment.--The term `covered equipment'
means equipment (such as a router) employed on the premises of
a person (other than a provider of a covered service or fixed
broadband internet access service) to provide a covered service
or to provide fixed broadband internet access service.
``(3) Covered service.--The term `covered service' means
service provided by a multichannel video programming
distributer, to the extent such distributor is acting as a
multichannel video programming distributor.''.
(b) Effective Date.--Section 642 of the Communications Act of 1934,
as added by subsection (a) of this section, shall apply beginning on
the date that is 6 months after the date of the enactment of this Act.
The Federal Communications Commission may grant an additional 6-month
extension if the Commission finds that good cause exists for such an
additional extension.
TITLE XI--ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL
SATELLITE LICENSE
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Satellite Television Community
Protection and Promotion Act of 2019''.
SEC. 1102. ELIGIBILITY TO RECEIVE SIGNALS UNDER A DISTANT-SIGNAL
SATELLITE LICENSE.
(a) In General.--Section 119 of title 17, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``signals, and''
and inserting ``signals,'';
(II) by inserting ``, and the
carrier provides local-into-local
service to all DMAs'' after ``receiving
the secondary transmission''; and
(III) by adding at the end the
following new sentence: ``Failure to
reach an agreement with a network
station to retransmit the signals of
the station shall not be construed to
affect compliance with providing local-
into-local service to all DMAs if the
satellite carrier has the capability to
retransmit such signals when an
agreement is reached.''; and
(ii) in subparagraph (B)--
(I) by striking clauses (ii) and
(iii);
(II) by adding at the end the
following:
``(ii) Short markets.--In the case of
secondary transmissions to households located
in short markets, subject to clause (i), the
statutory license shall be further limited to
secondary transmissions of only those primary
transmissions of network stations that embody
the programming of networks not offered on the
primary stream or the multicast stream
transmitted by any network station in that
market.'';
(B) by striking paragraphs (3), (6)(E), (9), (10),
and (13); and
(C) by redesignating paragraphs (4), (5), (6), (7),
(8), (11), (12), and (14) as paragraphs (3) through
(10), respectively;
(2) in subsection (c)(1)(E)--
(A) by striking the comma after ``in the
agreement'';
(B) by striking ``until December 31, 2019, or'';
and
(C) by striking ``, whichever is later'' and
inserting ``until the subscriber for which the royalty
is payable is no longer eligible to receive a secondary
transmission pursuant to the license under this
section'';
(3) in subsection (d)--
(A) in paragraph (10)--
(i) in subparagraph (D), by striking
``subsection (a)(11)'' and inserting
``subsection (a)(8)'';
(ii) by striking subparagraphs (A), (B),
(C), and (E);
(iii) by redesignating subparagraph (D) as
subparagraph (A); and
(iv) by adding at the end the following:
``(B) is a subscriber located in a short market.'';
(B) by striking paragraph (13);
(C) by redesignating paragraphs (14) and (15) as
paragraphs (13) and (14), respectively; and
(D) by adding at the end the following:
``(15) Local-into-local service to all dmas.--The term
`local-into-local service to all DMAs' has the meaning given
such term in subsection (f)(7).
``(16) Short market.--The term `short market' means a local
market in which programming of one or more of the four most
widely viewed television networks nationwide is not offered on
either the primary stream or multicast stream transmitted by
any network station in that market or is temporarily or
permanently unavailable as a result of an act of god or other
force majeure event beyond the control of the carrier.'';
(4) by striking subsections (e) and (h);
(5) in subsection (g)(7), by inserting ``, except for
designated market areas where the entity is temporarily or
permanently unable to provide local service as a result of an
act of god or other force majeure event beyond the control of
the entity'' after ``section 122''; and
(6) by redesignating subsections (f) and (g) as subsections
(e) and (f).
(b) Previously Covered Subscribers Under the STELA Reauthorization
Act of 2014.--
(1) In general.--A subscriber of a satellite carrier who
receives the secondary transmission of a network station under
the statutory license in section 119 of title 17, United States
Code, as in effect on the day before the date of the enactment
of this Act, and to whom subsection (a)(2)(B) of such section,
as amended by subsection (a), does not apply, shall continue to
be eligible to receive that secondary transmission from such
carrier under such license, and at the royalty rate established
for such license by the Copyright Royalty Board or voluntary
agreement, as applicable, until the date that is the earlier
of--
(A) May 31, 2020; or
(B) the date on which such carrier provides local-
into-local service to all DMAs.
(2) Definitions.--In this subsection, the terms ``satellite
carrier'', ``subscriber'', ``secondary transmission'',
``network station'', and ``local-into-local service to all
DMAs'' have the meaning given those terms in section 119 of
title 17, United States Code.
(c) Conforming Amendments.--Title 17, United States Code, is
further amended--
(1) in section 119, as amended by subsection (a)--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``paragraphs (4), (5), and (7)'' and inserting
``paragraphs (3), (4), and (6)''; and
(ii) in paragraph (2), by striking
``paragraphs (4), (5), (6), and (7)'' and
inserting ``paragraphs (3), (4), (5), and
(6)''; and
(B) in subsection (f), as so redesignated, by
striking ``subsection (a)(7)(B)'' each place it appears
and inserting ``subsection (a)(5)(B)''; and
(2) in section 501(e), by striking ``section 119(a)(5)''
and inserting ``section 119(a)(3)''.
TITLE XII--GROUNDFISH TRAWL FISHERY
SEC. 1201. GROUNDFISH TRAWL FISHERY.
The Secretary of Commerce shall forgive the interest accrued on the
Groundfish Trawl fishery sub-loan regarding fishing capacity reduction
in the West Coast groundfish fishery authorized by section 212 of
division B, title II, of Public Law 108-7 from December 4, 2003,
through September 8, 2005, and the portion of additional interest
accrued in the Groundfish Trawl fishery sub-loan since September 8,
2005, that is directly attributable to the delay in implementing a
repayment system. The Secretary of the Treasury shall make available,
out of any funds in the Treasury not otherwise appropriated, such sums
necessary for any loan modification under this provision.
TITLE XIII--TEMPORARY RELIEF FROM CERTAIN ERISA REQUIREMENTS
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Temporary Relief from Certain
ERISA Requirements Act of 2020''.
SEC. 1302. EXEMPTION.
(a) In General.--Section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108) is amended by adding at the end
the following:
``(h) Provision of Pharmacy Benefit Services.--
``(1) In general.--Provided that all of the conditions
described in paragraph (2) are met, the restrictions imposed by
subsections (a), (b)(1), and (b)(2) of section 406 shall not
apply to--
``(A) the offering of pharmacy benefit services to
a group health plan that is sponsored by an entity
described in section 3(37)(G)(vi) or to any other group
health plan that is sponsored by a regional council,
local union, or other labor organization affiliated
with such entity;
``(B) the purchase of pharmacy benefit services by
plan participants and beneficiaries of a group health
plan that is sponsored by an entity described in
section 3(37)(G)(vi) or of any other group health plan
that is sponsored by a regional council, local union,
or other labor organization affiliated with such
entity; or
``(C) the operation or implementation of pharmacy
benefit services by an entity described in section
3(37)(G)(vi) or by any other group health plan that is
sponsored by a regional council, local union, or other
labor organization affiliated with such entity,
in any arrangement where such entity described in section
3(37)(G)(vi) or any related organization or subsidiary of such
entity provides pharmacy benefit services that include prior
authorization and appeals, a retail pharmacy network, pharmacy
benefit administration, mail order fulfillment, formulary
support, manufacturer payments, audits, and specialty pharmacy
and goods, to any such group health plan.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The terms of the arrangement are at least as
favorable to the group health plan as such group health
plan could obtain in a similar arm's length arrangement
with an unrelated third party.
``(B) At least 50 percent of the providers
participating in the pharmacy benefit services offered
by the arrangement are unrelated to the contributing
employers or any other party in interest with respect
to the group health plan.
``(C) The group health plan retains an independent
fiduciary who will be responsible for monitoring the
group health plan's consultants, contractors,
subcontractors, and other service providers for
purposes of pharmacy benefit services described in
paragraph (1) offered by such entity or any of its
related organizations or subsidiaries and monitors the
transactions of such entity and any of its related
organizations or subsidiaries to ensure that all
conditions of this exemption are satisfied during each
plan year.
``(D) Any decisions regarding the provision of
pharmacy benefit services described in paragraph (1)
are made by the group health plan's independent
fiduciary, based on objective standards developed by
the independent fiduciary in reliance on information
provided by the arrangement.
``(E) The independent fiduciary of the group health
plan provides an annual report to the Secretary and the
congressional committees of jurisdiction attesting that
the conditions described in subparagraphs (C) and (D)
have been met for the applicable plan year, together
with a statement that use of the arrangement's services
are in the best interest of the participants and
beneficiaries in the aggregate for that plan year
compared to other similar arrangements the group health
plan could have obtained in transactions with an
unrelated third party.
``(F) The arrangement is not designed to benefit
any party in interest with respect to the group health
plan.
``(3) Violations.--In the event an entity described in
section 3(37)(G)(vi) or any affiliate of such entity violates
any of the conditions of such exemption, such exemption shall
not apply with respect to such entity or affiliate and all
enforcement and claims available under this Act shall apply
with respect to such entity or affiliate.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to modify any obligation of a group health
plan otherwise set forth in this Act.
``(5) Group health plan.--In this subsection, the term
`group health plan' has the meaning given such term in section
733(a).''.
(b) Amendment to Internal Revenue Code of 1986.--Subsection (c) of
section 4975 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(7) Special rule for provision of pharmacy benefit
services.--Any party to an arrangement which satisfies the
requirements of section 408(h) of the Employee Retirement
Income Security Act of 1974 shall be exempt from the tax
imposed by this section with respect to such arrangement.''.
(c) Applicability.--With respect to a group health plan subject to
subsection (h) of section 408 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108) (as amended by subsection (a))
and subsection (c) of section 4975 of the Internal Revenue Code of 1986
(as amended by subsection (b)), beginning at the end of the fifth plan
year of such group health plan that begins after the date of enactment
of this Act, such subsection (h) of such section 408 and such
subsection (c) of such shall have no force or effect.
TITLE XIV--LIBRARY OF CONGRESS TECHNICAL CORRECTIONS
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Library of Congress Technical
Corrections Act of 2019''.
SEC. 1402. AMENDMENT TO AMERICAN FOLKLIFE PRESERVATION ACT.
Section 4 of the American Folklife Preservation Act (20 U.S.C.
2103) is amended--
(1) in subsection (b)(1)(D)--
(A) in the matter preceding clause (i), by striking
``seven'' and inserting ``nine'';
(B) in clause (vi), by striking ``and'' after the
semicolon;
(C) in clause (vii), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(viii) the Secretary of Veterans Affairs; and
``(ix) the Director of the Institute of Museum and
Library Services.''; and
(2) in subsection (f), by striking the second sentence and
inserting the following: ``The rate of basic pay of the
Director shall be fixed in accordance with section 5376(b) of
title 5, United States Code.''.
SEC. 1403. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED.
(a) In General.--The Act entitled ``An Act to provide books for the
adult blind'', approved March 3, 1931 (2 U.S.C. 135a et seq.), is
amended to read as follows:
``SECTION 1. NATIONAL LIBRARY SERVICE FOR THE BLIND AND PRINT DISABLED.
``(a) Accessible Materials and Reproducers.--
``(1) In general.--The Librarian of Congress is authorized
to provide to eligible persons who are residents of the United
States (including residents of the several States, insular
possessions, and the District of Columbia) and to eligible
persons who are United States citizens residing outside the
United States the following items:
``(A) Literary works published in raised
characters, on sound-reproduction recordings, or in any
other accessible format.
``(B) Musical scores, instructional texts, and
other specialized materials used in furthering
educational, vocational, and cultural opportunities in
the field of music published in any accessible format.
``(C) Reproducers for such formats.
``(2) Ownership.--Any item provided under paragraph (1)
shall be provided on a loan basis and shall remain the property
of the Library of Congress.
``(b) Lending Preference.--In the lending of items under subsection
(a), the Librarian shall at all times give preference to--
``(1) the needs of the blind and visually disabled; and
``(2) the needs of eligible persons who have been honorably
discharged from the Armed Forces of the United States.
``(c) Network.--The Librarian of Congress may contract or otherwise
arrange with such public or other nonprofit libraries, agencies, or
organizations as the Librarian may determine appropriate to serve as
local or regional centers for the circulation of items described in
subsection (a)(1).
``(d) International Service.--The Librarian of Congress is
authorized to provide items described in subparagraphs (A) and (B) of
subsection (a)(1) to authorized entities located in a country that is a
party to the Marrakesh Treaty, if any such items are delivered to
authorized entities through online, not physical, means. The Librarian
may contract or otherwise arrange with such authorized entities to
deliver such items to eligible persons located in their countries in
any accessible format and consistent with section 121A of title 17,
United States Code.
``(e) Contracting Preference.--In the purchase and maintenance of
items described in subsection (a), the Librarian of Congress, without
regard to section 6101 of title 41, United States Code, shall give
preference to nonprofit institutions or agencies whose activities are
primarily concerned with the blind and with other physically disabled
persons, in all cases where, considering all the circumstances and
needs involved, the Librarian determines that the prices submitted are
fair and reasonable.
``(f) Regulations.--The Librarian of Congress shall prescribe
regulations for services under this section, in consultation with
eligible persons and authorized entities. Such regulations shall
include procedures that shall be used by an individual to establish
that the individual is an eligible person.
``(g) Definitions.--In this section--
``(1) the terms `accessible format', `authorized entity',
and `eligible person' have the meanings given those terms in
section 121 of title 17, United States Code; and
``(2) the term `Marrakesh Treaty' has the meaning given in
section 121A of such title 17.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
(b) Conforming Amendment.--The Act entitled ``An Act to establish
in the Library of Congress a library of musical scores and other
instructional materials to further educational, vocational, and
cultural opportunities in the field of music for blind persons'',
approved October 9, 1962 (2 U.S.C. 135a-1), is repealed.
SEC. 1404. UNIFORM PAY SCALE FOR LIBRARY OF CONGRESS CAREER SENIOR
EXECUTIVE POSITIONS.
(a) Executive Schedule Positions.--
(1) Deputy librarian of congress.--Paragraph (2) of section
904 of the Supplemental Appropriations Act, 1983 (2 U.S.C.
136a-2) is amended to read as follows:
``(2) the Deputy Librarian of Congress shall be compensated
at the greater of the rate of pay in effect for level III of
the Executive Schedule under section 5314 of title 5, United
States Code, or the maximum annual rate of basic pay payable
under section 5376 of such title for positions at agencies with
a performance appraisal system certified under section 5307(d)
of such title.''.
(2) Director, congressional research service.--The second
sentence of section 203(c)(1) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 166(c)(l)) is amended to read as follows:
``The Director shall be compensated at the greater of the rate
of pay in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code, or the maximum
annual rate of basic pay payable under section 5376 of such
title for positions at agencies with a performance appraisal
system certified under section 5307(d) of such title.''.
(3) Register of copyrights.--The first sentence of section
701(f) of title 17, United States Code, is amended to read as
follows: ``The Register of Copyrights shall be compensated at
the greater of the rate of pay in effect for level III of the
Executive Schedule under section 5314 of title 5 or the maximum
annual rate of basic pay payable under section 5376 of such
title for positions at agencies with a performance appraisal
system certified under section 5307(d) of such title.''.
(b) References to GS Grades 16, 17, and 18 and Senior Level
Classification.--
(1) Congressional research service.--Section 203(c)(2) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(2))
is amended--
(A) in the second sentence of the matter preceding
subparagraph (A), by deleting ``subchapter III'' and
all that follows through ``such title.'' and inserting
``section 5376 of title 5, United States Code.''; and
(B) in subparagraph (B), by striking ``may be
placed in GS-16, 17, and 18'' and all that follows
through the period at the end and inserting ``may be
classified above GS-15 in accordance with section
5108(c) of title 5, United States Code, and the rate of
basic pay for such positions may be fixed in accordance
with section 5376 of such title, subject to the prior
approval of the Joint Committee on the Library.''.
(2) U.s. copyright office.--Section 701(f) of title 17,
United States Code, is amended by striking the last sentence
and inserting ``The rate of basic pay for each Associate
Register of Copyrights shall be fixed in accordance with
section 5376 of title 5.''.
SEC. 1405. STAFFING FOR COPYRIGHT ROYALTY JUDGES PROGRAM.
(a) Removal of Cap on Personnel.--Chapter 8 of title 17, United
States Code, is amended--
(1) in section 802--
(A) in subsection (b), by striking ``3''; and
(B) in subsection (e), by striking paragraph (2)
and inserting the following:
``(2) Staff members.--Staff members appointed under
subsection (b) shall be compensated at a rate not more than the
basic rate of pay payable for level 10 of GS-15 of the General
Schedule.''; and
(2) in section 803(e)(1)(A), by striking ``3''.
(b) Effective Date.--The amendments made by this section shall take
effect with respect to fiscal year 2020 and each fiscal year
thereafter.
TITLE XV--SENATE ENTITIES
Sec. 1501. Section 2(c) of chapter VIII of title I of Public Law
100-71 (2 U.S.C. 6567(c)) is amended by striking ``$10,000'' and
inserting ``$15,000''.
Sec. 1502. Section 902 of the Emergency Supplemental Act, 2002 (2
U.S.C. 6616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``subsection (b)'' and
inserting ``paragraph (3)''; and
(ii) by striking ``and'' at the end;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the Sergeant at Arms of the Senate may enter into a
memorandum of understanding described in paragraph (1)
consistent with the Senate Procurement Regulations.''; and
(2) by striking subsection (b) and inserting the following:
``(b) The Sergeant at Arms of the Senate may incur obligations and
make expenditures for meals, refreshments, and other support and
maintenance for Members, officers, and employees of the Senate when
such obligations and expenditures are necessary to respond to
emergencies involving the safety of human life or the protection of
property.''.
TITLE XVI--LEGISLATIVE BRANCH INSPECTORS GENERAL INDEPENDENCE
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Legislative Branch Inspectors
General Independence Act of 2019''.
SEC. 1602. PAY, LIMITS ON BONUSES, COUNSEL, AND AUTHORITIES.
(a) Library of Congress.--Section 1307 of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185) is amended--
(1) in subsection (c)--
(A) in the subsection heading, by inserting ``;
Pay; Limits on Bonuses; Counsel'' after ``Removal'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Library of
Congress, by the Librarian of Congress.
``(B) Notice.--Not later than 30 days before the
Librarian of Congress removes or transfers the
Inspector General under subparagraph (A), the Librarian
of Congress shall communicate in writing the reason for
the removal or transfer to--
``(i) the Committee on House Administration
and the Committee on Appropriations of the
House of Representatives; and
``(ii) the Committee on Rules and
Administration and the Committee on
Appropriations of the Senate.
``(C) Applicability.--Nothing in this paragraph
shall prohibit a personnel action (except for removal
or transfer) that is otherwise authorized by law.'';
and
(C) by adding at the end the following:
``(3) Pay.--
``(A) In general.--The position of Inspector
General shall--
``(i) be classified as a position above GS-
15 in accordance with section 5108 of title 5,
United States Code; and
``(ii) have a rate of basic pay that is not
less than the average rate of basic pay of all
other employees in positions classified as
above GS-15 of the Library of Congress
calculated on an annual basis.
``(B) Adjustments.--The Librarian of Congress shall
establish the amount of the annual adjustment in the
rate of basic pay for the Inspector General in an
amount equal to the average of the annual adjustments
in the rate of basic pay provided to all other
employees in positions classified as above GS-15 of the
Library of Congress, in a manner consistent with
section 5376 of title 5, United States Code.
``(4) No bonuses.--The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Library of Congress, obtain
legal advice from a counsel reporting directly to the Inspector
General or another Inspector General.''; and
(2) in subsection (d)(1), by striking ``Sections 4'' and
all that follows through ``and 7'' and inserting ``Sections 4,
5 (other than subsection (a)(13)), 6 (other than subsection
(a)(7)), and 7''.
(b) Office of the Architect of the Capitol.--Section 1301(c) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(c)) is amended--
(1) in the subsection heading, by inserting ``; Pay; Limits
on Bonuses; Counsel'' after ``Removal'';
(2) by striking paragraph (2) and inserting the following:
``(2) Removal or transfer.--
``(A) In general.--The Inspector General may be
removed from office, or transferred to another position
within, or another location of, the Office of the
Architect of the Capitol, by the Architect of the
Capitol.
``(B) Notice.--Not later than 30 days before the
Architect of the Capitol removes or transfers the
Inspector General under subparagraph (A), the Architect
of the Capitol shall communicate in writing the reason
for the removal or transfer to--
``(i) the Committee on House Administration
and the Committee on Appropriations of the
House of Representatives; and
``(ii) the Committee on Rules and
Administration and the Committee on
Appropriations of the Senate.
``(C) Applicability.--Nothing in this paragraph
shall prohibit a personnel action (except for removal
or transfer) that is otherwise authorized by law.'';
and
(3) by adding at the end the following:
``(4) No bonuses.--The Inspector General may not receive
any cash award or cash bonus, including a cash award under
chapter 45 of title 5, United States Code.
``(5) Counsel.--The Inspector General shall, in accordance
with applicable laws and regulations governing selections,
appointments, and employment at the Office of the Architect of
the Capitol, obtain legal advice from a counsel reporting
directly to the Inspector General or another Inspector
General.''.
(c) Government Publishing Office.--
(1) In general.--Section 3902 of title 44, United States
Code, is amended--
(A) in the section heading, by inserting ``; pay;
limits on bonuses; counsel'' after ``removal'';
(B) by striking subsection (b) and inserting the
following:
``(b)(1) The Inspector General may be removed from office, or
transferred to another position within, or another location of, the
Government Publishing Office, by the Director of the Government
Publishing Office.
``(2) Not later than 30 days before the Director removes or
transfers the Inspector General under paragraph (1), the Director shall
communicate in writing the reason for the removal or transfer to--
``(A) the Committee on House Administration and the
Committee on Appropriations of the House of Representatives;
and
``(B) the Committee on Rules and Administration and the
Committee on Appropriations of the Senate.
``(3) Nothing in this subsection shall prohibit a personnel action
(except for removal or transfer) that is otherwise authorized by
law.''; and
(C) by adding at the end the following:
``(c)(1) The position of Inspector General shall be--
``(A) classified as a position as a senior level employee,
in accordance with this title; and
``(B) have a rate of basic pay that is not less than the
average rate of basic pay of all other senior level employees
of the Government Publishing Office calculated on an annual
basis.
``(2) The Director of the Government Publishing Office shall
establish the amount of the annual adjustment in the rate of basic pay
for the Inspector General in an amount equal to the average of the
annual adjustments in the rate of basic pay provided to all other
senior level employees of the Government Publishing Office, consistent
with this title.
``(d) The Inspector General may not receive any cash award or cash
bonus, including a cash award under chapter 45 of title 5.
``(e) The Inspector General shall, in accordance with applicable
laws and regulations governing selections, appointments, and employment
at the Government Publishing Office, obtain legal advice from a counsel
reporting directly to the Inspector General or another Inspector
General.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 39 of title 44, United States Code, is
amended by striking the item relating to section 3902 and
inserting the following:
``3902. Appointment of Inspector General; supervision; removal;
pay; limits on bonuses; counsel.''.
SEC. 1603. LAW ENFORCEMENT AUTHORITY.
(a) Library of Congress.--Section 1307(d) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)) is amended by adding at the end
the following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B),
any supervisory special agent under the Inspector
General and any special agent supervised by such a
supervisory special agent is authorized to--.
``(i) make an arrest without a
warrant while engaged in
official duties as authorized
under this section or any other
statute for any offense against
the United States committed in
the presence of such
supervisory special agent or
special agent, or for any
felony cognizable under the
laws of the United States if
such supervisory special agent
or special agent has reasonable
grounds to believe that the
person to be arrested has
committed or is committing such
felony;.
``(ii) seek and execute
warrants for arrest, search of
a premises, or seizure of
evidence issued under the
authority of the United States
upon probable cause to believe
that a violation has been
committed; and.
``(iii) carry a firearm while
engaged in official duties as
authorized under this section
or any other statute..
``(B) Requirements to exercise authority.--....
``(i) Required certification.--
<RULE>
``(I) In
general.--In
order to
exercise the
authority
under
subparagraph
(A), a
supervisory
special
agent or a
special
agent
supervised
by such a
supervisory
special
agent shall
certify that
he or she--_
``(aa) is a citizen of the United States;
``(bb) has successfully completed a basic law enforcement training
program or military or other equivalent; and
``(cc) is not prohibited from receiving a firearm under Federal law,
including under section 922(g)(9) of title 18, United States Code, because
of a conviction of a misdemeanor crime of domestic violence.
<RULE>
``(II)
Additional
requirements.
--After
providing
notice to
the
appropriate
committees
of Congress,
the
Inspector
General may
add
requirements
to the
certification
required
under
subclause
(I), as
determined
appropriate
by the
Inspector
General.____
``(ii) Maintenance of
requirements.--The Inspector
General shall maintain
firearms-related requirements
(including quarterly firearms
qualifications) and use of
force training requirements
that, except to the extent the
Inspector General determines
necessary to effectively carry
out the duties of the Office of
the Inspector General, are in
accordance with the Council of
the Inspectors General on
Integrity and Efficiency use of
force policies, which
incorporate Department of
Justice guidelines..
``(iii) Eligibility
determination.--.
<RULE>
``(I) In
general.--
The
Inspector
General
shall--_____
``(aa) determine whether an individual meets the requirements under
this paragraph; and
``(bb) revoke any authority granted to an individual under subparagraph
(A) if the individual is not in compliance with the requirements of this
paragraph.
<RULE>
``(II)
Reauthorizati
on.--The
Inspector
General may
reauthorize
an
individual
to exercise
the
authority
granted
under
subparagraph
(A) if the
Inspector
General
determines
the
individual
has achieved
compliance
with the
requirements
under this
paragraph.__
<RULE>
``(III)
Limitation
on appeal.--
A revocation
of the
authority
granted
under
subparagraph
(A) shall
not be
subject to
administrativ
e, judicial,
or other
review,
unless the
revocation
results in
an adverse
action. Such
an adverse
action may,
at the
election of
the
applicable
individual,
be reviewed
in
accordance
with the
otherwise
applicable
procedures._
``(C) Semiannual certification of program.--...
``(i) In general.--Before the
first grant of authority under
subparagraph (A), and
semiannually thereafter as part
of the report under section 5
of the Inspector General Act of
1978 (5 U.S.C. App.), the
Inspector General shall submit
to the appropriate committees
of Congress a written
certification that adequate
internal safeguards and
management procedures exist
that, except to the extent the
Inspector General determines
necessary to effectively carry
out the duties of the Office of
the Inspector General, are in
compliance with standards
established by the Council of
the Inspectors General on
Integrity and Efficiency, which
incorporate Department of
Justice guidelines, to ensure
proper exercise of the powers
authorized under this
paragraph..
``(ii) Suspension of
authority.--The authority
granted under this paragraph
(including any grant of
authority to an individual
under subparagraph (A), without
regard to whether the
individual is in compliance
with subparagraph (B)) may be
suspended by the Inspector
General if the Office of
Inspector General fails to
comply with the reporting and
review requirements under
clause (i) of this subparagraph
or subparagraph (D). Any
suspension of authority under
this clause shall be reported
to the appropriate committees
of Congress..
``(D) Peer review.--To ensure the proper
exercise of the law enforcement powers authorized
under this paragraph, the Office of Inspector
General shall submit to and participate in the
external review process established by the Council
of the Inspectors General on Integrity and
Efficiency for ensuring that adequate internal
safeguards and management procedures continue to
exist. Under the review process, the exercise of
the law enforcement powers by the Office of
Inspector General shall be reviewed periodically by
another Office of Inspector General or by a
committee of Inspectors General. The results of
each review shall be communicated in writing to the
Inspector General, the Council of the Inspectors
General on Integrity and Efficiency, and the
appropriate committees of Congress..
``(E) Alleged misconduct.--Any allegation of
misconduct by an individual granted authority under
subparagraph (A) may be reviewed by the Integrity
Committee of the Council of the Inspectors General
on Integrity and Efficiency..
``(F) Appropriate committees of congress.--In
this paragraph, the term `appropriate committees of
Congress' means--.
``(i) the Committee on Rules
and Administration and the
Committee on Appropriations of
the Senate; and.
``(ii) the Committee on House
Administration and the
Committee on Appropriations of
the House of
Representatives.''..
(b) Architect of the Capitol.--Section 1301(d) of the Architect of the
Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)) is amended by
adding at the end the following:
``(3) Law enforcement authority.--
``(A) In general.--Subject to subparagraph (B),
any supervisory special agent under the Inspector
General and any special agent supervised by such a
supervisory special agent is authorized to--.
``(i) make an arrest without a
warrant while engaged in
official duties as authorized
under this section or any other
statute for any offense against
the United States committed in
the presence of such
supervisory special agent or
special agent, or for any
felony cognizable under the
laws of the United States if
such supervisory special agent
or special agent has reasonable
grounds to believe that the
person to be arrested has
committed or is committing such
felony;.
``(ii) seek and execute
warrants for arrest, search of
a premises, or seizure of
evidence issued under the
authority of the United States
upon probable cause to believe
that a violation has been
committed; and.
``(iii) carry a firearm while
engaged in official duties as
authorized under this section
or any other statute..
``(B) Requirements to exercise authority.--....
``(i) Required certification.--
<RULE>
``(I) In
general.--In
order to
exercise the
authority
under
subparagraph
(A), a
supervisory
special
agent or a
special
agent
supervised
by such a
supervisory
special
agent shall
certify that
he or she--_
``(aa) is a citizen of the United States;
``(bb) has successfully completed a basic law enforcement training
program or military or other equivalent; and
``(cc) is not prohibited from receiving a firearm under Federal law,
including under section 922(g)(9) of title 18, United States Code, because
of a conviction of a misdemeanor crime of domestic violence.
<RULE>
``(II)
Additional
requirements.
--After
providing
notice to
the
appropriate
committees
of Congress,
the
Inspector
General may
add
requirements
to the
certification
required
under
subclause
(I), as
determined
appropriate
by the
Inspector
General.____
``(ii) Maintenance of
requirements.--The Inspector
General shall maintain
firearms-related requirements
(including quarterly firearms
qualifications) and use of
force training requirements
that, except to the extent the
Inspector General determines
necessary to effectively carry
out the duties of the Office of
the Inspector General, are in
accordance with the Council of
the Inspectors General on
Integrity and Efficiency use of
force policies, which
incorporate Department of
Justice guidelines..
``(iii) Eligibility
determination.--.
<RULE>
``(I) In
general.--
The
Inspector
General
shall--_____
``(aa) determine whether an individual meets the requirements under
this paragraph; and
``(bb) revoke any authority granted to an individual under subparagraph
(A) if the individual is not in compliance with the requirements of this
paragraph.
<RULE>
``(II)
Reauthorizati
on.--The
Inspector
General may
reauthorize
an
individual
to exercise
the
authority
granted
under
subparagraph
(A) if the
Inspector
General
determines
the
individual
has achieved
compliance
with the
requirements
under this
paragraph.__
<RULE>
``(III)
Limitation
on appeal.--
A revocation
of the
authority
granted
under
subparagraph
(A) shall
not be
subject to
administrativ
e, judicial,
or other
review,
unless the
revocation
results in
an adverse
action. Such
an adverse
action may,
at the
election of
the
applicable
individual,
be reviewed
in
accordance
with the
otherwise
applicable
procedures._
``(C) Semiannual certification of program.--...
``(i) In general.--Before the
first grant of authority under
subparagraph (A), and
semiannually thereafter as part
of the report under section 5
of the Inspector General Act of
1978 (5 U.S.C. App.), the
Inspector General shall submit
to the appropriate committees
of Congress a written
certification that adequate
internal safeguards and
management procedures exist
that, except to the extent the
Inspector General determines
necessary to effectively carry
out the duties of the Office of
the Inspector General, are in
compliance with standards
established by the Council of
the Inspectors General on
Integrity and Efficiency, which
incorporate Department of
Justice guidelines, to ensure
proper exercise of the powers
authorized under this
paragraph..
``(ii) Suspension of
authority.--The authority
granted under this paragraph
(including any grant of
authority to an individual
under subparagraph (A), without
regard to whether the
individual is in compliance
with subparagraph (B)) may be
suspended by the Inspector
General if the Office of
Inspector General fails to
comply with the reporting and
review requirements under
clause (i) of this subparagraph
or subparagraph (D). Any
suspension of authority under
this clause shall be reported
to the appropriate committees
of Congress..
``(D) Peer review.--To ensure the proper
exercise of the law enforcement powers authorized
under this paragraph, the Office of Inspector
General shall submit to and participate in the
external review process established by the Council
of the Inspectors General on Integrity and
Efficiency for ensuring that adequate internal
safeguards and management procedures continue to
exist. Under the review process, the exercise of
the law enforcement powers by the Office of
Inspector General shall be reviewed periodically by
another Office of Inspector General or by a
committee of Inspectors General. The results of
each review shall be communicated in writing to the
Inspector General, the Council of the Inspectors
General on Integrity and Efficiency, and the
appropriate committees of Congress..
``(E) Alleged misconduct.--Any allegation of
misconduct by an individual granted authority under
subparagraph (A) may be reviewed by the Integrity
Committee of the Council of the Inspectors General
on Integrity and Efficiency..
``(F) Appropriate committees of congress.--In
this paragraph, the term `appropriate committees of
Congress' means--.
``(i) the Committee on Rules
and Administration and the
Committee on Appropriations of
the Senate; and.
``(ii) the Committee on House
Administration and the
Committee on Appropriations of
the House of
Representatives.''..
(c) Government Publishing Office.--Section 3903 of title 44, United
States Code, is amended is amended by adding at the end the following:
``(c)(1) Subject to paragraph (2), any supervisory special agent under
the Inspector General and any special agent supervised by such a
supervisory special agent is authorized to--
``(A) make an arrest without a warrant
while engaged in official duties as
authorized under this chapter or any
other statute for any offense against
the United States committed in the
presence of such supervisory special
agent or special agent, or for any
felony cognizable under the laws of the
United States if such supervisory
special agent or special agent has
reasonable grounds to believe that the
person to be arrested has committed or
is committing such felony;
``(B) seek and execute warrants for
arrest, search of a premises, or
seizure of evidence issued under the
authority of the United States upon
probable cause to believe that a
violation has been committed; and
``(C) carry a firearm while engaged in
official duties as authorized under
this chapter or any other statute.
``(2)(A)(i) In order to exercise the authority under paragraph (1), a
supervisory special agent or a special agent supervised by such a
supervisory special agent shall certify that he or she--
``(I) is a citizen of the United
States;
``(II) has successfully completed a
basic law enforcement training program
or military or other equivalent; and
``(III) is not prohibited from
receiving a firearm under Federal law,
including under section 922(g)(9) of
title 18, United States Code, because
of a conviction of a misdemeanor crime
of domestic violence.
``(ii) After providing notice to the appropriate committees of
Congress, the Inspector General may add requirements to the certification
required under clause (i), as determined appropriate by the Inspector
General.
``(B) The Inspector General shall maintain firearms-related
requirements (including quarterly firearms qualifications) and use of force
training requirements that, except to the extent the Inspector General
determines necessary to effectively carry out the duties of the Office of
the Inspector General, are in accordance with the Council of the Inspectors
General on Integrity and Efficiency use of force policies, which
incorporate Department of Justice guidelines.
``(C)(i) The Inspector General shall--
``(I) determine whether an individual
meets the requirements under this
subsection; and
``(II) revoke any authority granted to
an individual under paragraph (1) if
the individual is not in compliance
with the requirements of this
subsection.
``(ii) The Inspector General may reauthorize an individual to exercise
the authority granted under paragraph (1) if the Inspector General
determines the individual has achieved compliance with the requirements
under this subsection.
``(iii) A revocation of the authority granted under paragraph (1) shall
not be subject to administrative, judicial, or other review, unless the
revocation results in an adverse action. Such an adverse action may, at the
election of the applicable individual, be reviewed in accordance with the
otherwise applicable procedures.
``(3)(A) Before the first grant of authority under paragraph (1), and
semiannually thereafter as part of the report under section 5 of the
Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General shall
submit to the appropriate committees of Congress a written certification
that adequate internal safeguards and management procedures exist that,
except to the extent the Inspector General determines necessary to
effectively carry out the duties of the Office of the Inspector General,
are in compliance with standards established by the Council of the
Inspectors General on Integrity and Efficiency, which incorporate
Department of Justice guidelines, to ensure proper exercise of the powers
authorized under this subsection.
``(B) The authority granted under this subsection (including any grant
of authority to an individual under paragraph (1), without regard to
whether the individual is in compliance with paragraph (2)) may be
suspended by the Inspector General if the Office of Inspector General fails
to comply with the reporting and review requirements under subparagraph (A)
of this paragraph or paragraph (4). Any suspension of authority under this
subparagraph shall be reported to the appropriate committees of Congress.
``(4) To ensure the proper exercise of the law enforcement powers
authorized under this subsection, the Office of Inspector General shall
submit to and participate in the external review process established by the
Council of the Inspectors General on Integrity and Efficiency for ensuring
that adequate internal safeguards and management procedures continue to
exist. Under the review process, the exercise of the law enforcement powers
by the Office of Inspector General shall be reviewed periodically by
another Office of Inspector General or by a committee of Inspectors
General. The results of each review shall be communicated in writing to the
Inspector General, the Council of the Inspectors General on Integrity and
Efficiency, and the appropriate committees of Congress.
``(5) Any allegation of misconduct by an individual granted authority
under paragraph (1) may be reviewed by the Integrity Committee of the
Council of the Inspectors General on Integrity and Efficiency.
``(6) In this subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Rules and
Administration and the Committee on
Appropriations of the Senate; and
``(B) the Committee on House
Administration and the Committee on
Appropriations of the House of
Representatives.''.
SEC. 1604. BUDGET INDEPENDENCE.
(a) Library of Congress.--
(1) Authority.--Section 1307(d) of the
Legislative Branch Appropriations Act,
2006 (2 U.S.C. 185(d)), as amended by
section 1603 of this Act, is amended by
adding at the end the following:
``(4) Budget independence.--The
Librarian of Congress shall include the
annual budget request of the Inspector
General in the budget of the Library of
Congress without change.''.
(b) Office of the Architect of the Capitol.--Section 1301(d) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C. 1808(d)),
as amended by section 1603 of this Act, is amended by adding at the end the
following:
``(4) Budget independence.--The
Architect of the Capitol shall include
the annual budget request of the
Inspector General in the budget of the
Office of the Architect of the Capitol
without change.''.
(c) Government Publishing Office.--Section 3903 of title 44, United
States Code, as amended by section 1603 of this Act, is amended by adding
at the end the following:
``(d) The Director of the Government Publishing Office shall include
the annual budget request of the Inspector General in the budget of the
Government Publishing Office without change.''.
(d) Separate Allocations.--
(1) Legislative branch instrumentality
defined.--In this subsection, the term
``legislative branch instrumentality''
means the Library of Congress, the
Office of the Architect of the Capitol,
or the Government Publishing Office.
(2) Allocation.--For fiscal year 2021,
and each fiscal year thereafter,
Congress shall provide, within the
amounts made available for salaries and
expenses of each legislative branch
instrumentality, a separate allocation
of amounts for salaries and expenses of
the Office of the Inspector General of
the covered legislative branch
instrumentality.
SEC. 1605. HIRING AUTHORITY.
(a) Library of Congress.--Section 1307(d)(2) of the Legislative Branch
Appropriations Act, 2006 (2 U.S.C. 185(d)(2)) is amended--
(1) by striking ``The Inspector'' and
inserting the following:
``(A) In general.--The Inspector'';............
(2) in subparagraph (A), as so
designated, by inserting ``, without
the supervision or approval of any
other employee, office, or other entity
within the Library of Congress,'' after
``is authorized''; and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments
under the authority under subparagraph (A) shall be
made consistent with personnel security and
suitability requirements..
``(C) Consultants.--Any appointment of a
consultant under the authority under subparagraph
(A) shall be made consistent with section 6(a)(8)
of the Inspector General Act of 1978 (5 U.S.C.
App.).''..
(b) Office of the Architect of the Capitol.--Section 1301(d)(2) of the
Architect of the Capitol Inspector General Act of 2007 (2 U.S.C.
1808(d)(2)) is amended--
(1) by striking ``The Inspector'' and
inserting the following:
``(A) In general.--The Inspector'';............
(2) in subparagraph (A), as so
designated, by inserting ``, without
the supervision or approval of any
other employee, office, or other entity
within the Office of the Architect of
the Capitol,'' after ``is authorized'';
and
(3) by adding at the end the following:
``(B) Security and suitability.--Appointments
under the authority under subparagraph (A) shall be
made consistent with personnel security and
suitability requirements..
``(C) Consultants.--Any appointment of a
consultant under the authority under subparagraph
(A) shall be made consistent with section 6(a)(8)
of the Inspector General Act of 1978 (5 U.S.C.
App.).''..
(c) Government Publishing Office.--Section 3903(b) of title 44, United
States Code, is amended--
(1) by inserting ``(1)'' before ``The
Inspector'';
(2) in paragraph (1), as so designated,
by inserting ``, without the
supervision or approval of any other
employee, office, or other entity
within the Government Publishing
Office,'' after ``is authorized''; and
(3) by adding at the end the following:
``(2) Appointments under the authority under paragraph (1) shall be
made consistent with personnel security and suitability requirements.
``(3) Any appointment of a consultant under the authority under
paragraph (1) shall be made consistent with section 6(a)(8) of the
Inspector General Act of 1978 (5 U.S.C. App.).''.
TITLE XVII--MANAGING POLITICAL FUND ACTIVITY
SEC. 1701. MANAGING POLITICAL FUND ACTIVITY.
The Majority Leader and the Minority Leader may each designate up to 2
employees of their respective leadership office staff as designees referred
to in the second sentence of paragraph 1 of rule XLI of the Standing Rules
of the Senate.
TITLE XVIII--KENTUCKY WILDLANDS NATIONAL HERITAGE AREA STUDY
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Kentucky Wildlands National Heritage
Area Study Act''.
SEC. 1802. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage
Area'' means the Kentucky Wildlands
National Heritage Area.
(2) Secretary.--The term ``Secretary''
means the Secretary of the Interior.
(3) State.--The term ``State'' means
the State of Kentucky.
(4) Study area.--The term ``study
area'' means--
(A) Adair, Bath, Bell, Boyd, Breathitt, Carter,
Casey, Clay, Clinton, Cumberland, Elliott, Floyd,
Green, Harlan, Jackson, Johnson, Knott, Knox,
Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln,
Magoffin, Martin, McCreary, Menifee, Metcalfe,
Monroe, Morgan, Owsley, Perry, Pike, Pulaski,
Rockcastle, Rowan, Russell, Wayne, Whitley, and
Wolfe Counties in the State; and.
(B) any other areas in the State that--........
(i) have heritage aspects that
are similar to the heritage
aspects of the areas described
in subparagraph (A); and.
(ii) are adjacent to, or in the
vicinity of, the areas
described in that
subparagraph..
SEC. 1803. STUDY.
(a) In General.--The Secretary, in consultation with State and local
historic preservation officers, State and local historical societies, State
and local tourism offices, and other appropriate organizations and
governmental agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as a National Heritage Area, to
be known as the ``Kentucky Wildlands National Heritage Area''.
(b) Requirements.--The study shall include analysis, documentation, and
determinations on whether the study area--
(1) has an assemblage of natural,
historic, and cultural resources that--
(A) represent distinctive aspects of the
heritage of the United States;.
(B) are worthy of recognition, conservation,
interpretation, and continuing use; and.
(C) would be best managed--....................
(i) through partnerships among
public and private entities;
and.
(ii) by linking diverse and
sometimes noncontiguous
resources and active
communities;.
(2) reflects traditions, customs,
beliefs, and folklife that are a
valuable part of the story of the
United States;
(3) provides outstanding
opportunities--
(A) to conserve natural, historic, cultural, or
scenic features; and.
(B) for recreation and education;..............
(4) contains resources that--
(A) are important to any identified themes of
the study area; and.
(B) retain a degree of integrity capable of
supporting interpretation;.
(5) includes residents, business
interests, nonprofit organizations, and
State and local governments that--
(A) are involved in the planning of the
Heritage Area;.
(B) have developed a conceptual financial plan
that outlines the roles of all participants in the
Heritage Area, including the Federal Government;
and.
(C) have demonstrated support for the
designation of the Heritage Area;.
(6) has a potential management entity
to work in partnership with the
individuals and entities described in
paragraph (5) to develop the Heritage
Area while encouraging State and local
economic activity;
(7) could impact the rights of private
property owners with respect to private
property; and
(8) has a conceptual boundary map that
is supported by the public.
SEC. 1804. REPORT.
Not later than 3 years after the date on which funds are first made
available to carry out this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a report that
describes--
(1) the findings of the study under
section 1803; and
(2) any conclusions and recommendations
of the Secretary.
TITLE XIX--INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT
SEC. 1901. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by
adding at the end the following new section:
``SEC. 73. CAPITAL STOCK INCREASES.
``(a) Increases Authorized.--The United States Governor of the Bank is
authorized--
``(1)(A) to vote in favor of a
resolution to increase the capital
stock of the Bank on a selective basis
by 245,773 shares; and
``(B) to subscribe on behalf of the
United States to 42,298 additional
shares of the capital stock of the
Bank, as part of the selective increase
in the capital stock of the Bank,
except that any subscription to such
additional shares shall be effective
only to the extent or in such amounts
as are provided in advance in
appropriations Acts; and
``(2)(A) to vote in favor of a
resolution to increase the capital
stock of the Bank on a general basis by
230,500 shares; and
``(B) to subscribe on behalf of the
United States to 38,662 additional
shares of the capital stock of the
Bank, as part of the general increase
in the capital stock of the Bank,
except that any subscription to such
additional shares shall be effective
only to the extent or in such amounts
as are provided in advance in
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--(1) In order to
pay for the increase in the United States subscription to the Bank under
subsection (a)(2)(B), there are authorized to be appropriated, without
fiscal year limitation, $4,663,990,370 for payment by the Secretary of the
Treasury.
``(2) Of the amount authorized to be appropriated under paragraph (1),
$932,798,074 shall be for paid in shares of the Bank, and $3,731,192,296
shall be for callable shares of the Bank.
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are authorized
to be appropriated, without fiscal year limitation $5,102,619,230 for
payment by the Secretary of the Treasury.
``(4) Of the amount authorized to be appropriated under paragraph (3),
$306,157,153.80 shall be for paid in shares of the Bank, and
$4,796,462,076.20 shall be for callable shares of the Bank.''.
TITLE XX--EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019
SEC. 2001. SHORT TITLE.
This title may be cited as the ``European Energy Security and
Diversification Act of 2019''.
SEC. 2002. DEFINITIONS.
In this title:
(1) Early-stage project support.--The term ``early-stage
project support'' includes--
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions,
reverse trade missions, technical workshops,
international buyer programs, and international partner
searchers to link suppliers to projects;
(F) technical assistance and other guidance to
improve the local regulatory environment and market
frameworks to encourage transparent competition and
enhance energy security; and
(G) long-term energy sector planning.
(2) Late-stage project support.--The term ``late-stage
project support'' includes debt financing, insurance, and
transaction advisory services.
SEC. 2003. STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that the United
States has economic and national security interests in assisting
European and Eurasian countries achieve energy security through
diversification of their energy sources and supply routes.
(b) Statement of Policy.--It is the policy of the United States--
(1) to advance United States foreign policy and development
goals by assisting European and Eurasian countries to reduce
their dependence on energy resources from countries that use
energy dependence for undue political influence, such as the
Russian Federation, which has used natural gas to coerce,
intimidate, and influence other countries;
(2) to promote the energy security of allies and partners
of the United States by encouraging the development of
accessible, transparent, and competitive energy markets that
provide diversified sources, types, and routes of energy;
(3) to encourage United States public and private sector
investment in European energy infrastructure projects to bridge
the gap between energy security requirements and commercial
demand in a way that is consistent with the region's absorptive
capacity; and
(4) to help facilitate the export of United States energy
resources, technology, and expertise to global markets in a way
that benefits the energy security of allies and partners of the
United States, including in Europe and Eurasia.
SEC. 2004. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR ENERGY
INFRASTRUCTURE PROJECTS IN EUROPE AND EURASIA.
(a) In General.--In pursuing the policy described in section 2003,
the Secretary of State, in consultation with the Secretary of Energy
and the heads of other relevant United States agencies, shall, as
appropriate, prioritize and expedite the efforts of the Department of
State and those agencies in supporting the efforts of the European
Commission and the governments of European and Eurasian countries to
increase their energy security, including through--
(1) providing diplomatic and political support to the
European Commission and those governments, as necessary--
(A) to facilitate international negotiations
concerning cross-border infrastructure;
(B) to enhance Europe's regulatory environment with
respect to energy; and
(C) to develop accessible, transparent, and
competitive energy markets supplied by diverse sources,
types, and routes of energy; and
(2) providing support to improve European and Eurasian
energy markets, including early-stage project support and late-
stage project support for the construction or improvement of
energy and related infrastructure, as necessary--
(A) to diversify the energy sources and supply
routes of European and Eurasian countries;
(B) to enhance energy market integration across the
region; and
(C) to increase competition within energy markets.
(b) Project Selection.--
(1) In general.--The agencies described in subsection (a)
shall identify energy infrastructure projects that would be
appropriate for United States assistance under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if the project--
(A)(i) improves electricity transmission
infrastructure, power generation through the use of a
broad power mix (including fossil fuel and renewable
energy), or energy efficiency; or
(ii) advances electricity storage projects, smart
grid projects, distributed generation models, or other
technological innovations, as appropriate; and
(B) is located in a European or Eurasian country.
(3) Preference.--In selecting among projects that are
eligible under paragraph (2), the agencies described in
subsection (a) shall give preference to projects that--
(A) link the energy systems of 2 or more European
or Eurasian countries;
(B) have already been identified by the European
Commission as being integral for the energy security of
European countries;
(C) are expected to enhance energy market
integration;
(D) can attract funding from the private sector, an
international financial institution, the government of
the country in which the project will be carried out,
or the European Commission; or
(E) have the potential to use United States goods
and services during project implementation.
(c) Types of Assistance.--
(1) Diplomatic and political support.--The Secretary of
State shall provide diplomatic and political support to the
European Commission and the governments of European and
Eurasian countries, as necessary, including by using the
diplomatic and political influence and expertise of the
Department of State to build the capacity of those countries to
resolve any impediments to the development of projects selected
under subsection (b).
(2) Early-stage project support.--The Director of the Trade
and Development Agency shall provide early-stage project
support with respect to projects selected under subsection (b),
as necessary.
(3) Late-stage project support.--Agencies described in
subsection (a) that provide late-stage project support shall do
so with respect to projects selected under subsection (b), as
necessary.
(d) Funding.--
(1) Trade and development agency.--Section 661(f)(1)(A) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2421(f)(1)(A)) is
amended by striking ``$48,000,000 for fiscal year 2000'' and
inserting ``$79,500,000 for fiscal year 2020''.
(2) Countering russian influence fund.--Section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(22 U.S.C. 9543) is amended--
(A) in subsection (a), by striking ``fiscal years
2018 and 2019'' and inserting ``fiscal years 2020,
2021, 2022, and 2023''; and
(B) in subsection (b), by adding at the end the
following new paragraph:
``(7) To assist United States agencies that operate under
the foreign policy guidance of the Secretary of State in
providing assistance under section 2004 of the European Energy
Security and Diversification Act of 2019.''.
(e) Exception From Certain Limitation Under BUILD Act.--
(1) In general.--For purposes of providing support for
projects under this section--
(A) the United States International Development
Finance Corporation may provide support for projects in
countries with upper-middle-income economies or high-
income economies (as those terms are defined by the
World Bank);
(B) the restriction under section 1412(c)(2) of the
Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9612(c)(2)) shall
not apply; and
(C) the Corporation shall restrict the provision of
such support in a country described in subparagraph (A)
unless--
(i) the President certifies to the
appropriate congressional committees that such
support furthers the national economic or
foreign policy interests of the United States;
and
(ii) such support is--
(I) designed to produce significant
developmental outcomes or provide
developmental benefits to the poorest
population of that country; or
(II) necessary to preempt or
counter efforts by a strategic
competitor of the United States to
secure significant political or
economic leverage or acquire national
security-sensitive technologies or
infrastructure in a country that is an
ally or partner of the United States.
(2) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``less developed
country'' have the meanings given those terms in section 1402
of the Better Utilization of Investments Leading to Development
Act of 2018 (22 U.S.C. 9601).
SEC. 2005. PROGRESS REPORTS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the President shall submit to the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on progress
made in providing assistance for projects under section 2004 that
includes--
(1) a description of the energy infrastructure projects the
United States has identified for such assistance; and
(2) for each such project--
(A) a description of the role of the United States
in the project, including in early-stage project
support and late-stage project support;
(B) the amount and form of any debt financing and
insurance provided by the United States Government for
the project;
(C) the amount and form of any early-stage project
support; and
(D) an update on the progress made on the project
as of the date of the report.
DIVISION Q--REVENUE PROVISIONS
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This division may be cited as the ``Taxpayer
Certainty and Disaster Tax Relief Act of 2019''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; etc.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
Sec. 101. Exclusion from gross income of discharge of qualified
principal residence indebtedness.
Sec. 102. Treatment of mortgage insurance premiums as qualified
residence interest.
Sec. 103. Reduction in medical expense deduction floor.
Sec. 104. Deduction of qualified tuition and related expenses.
Sec. 105. Black lung disability trust fund excise tax.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
Sec. 111. Indian employment credit.
Sec. 112. Railroad track maintenance credit.
Sec. 113. Mine rescue team training credit.
Sec. 114. Classification of certain race horses as 3-year property.
Sec. 115. 7-year recovery period for motorsports entertainment
complexes.
Sec. 116. Accelerated depreciation for business property on Indian
reservations.
Sec. 117. Expensing rules for certain productions.
Sec. 118. Empowerment zone tax incentives.
Sec. 119. American Samoa economic development credit.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
Sec. 121. Biodiesel and renewable diesel.
Sec. 122. Second generation biofuel producer credit.
Sec. 123. Nonbusiness energy property.
Sec. 124. Qualified fuel cell motor vehicles.
Sec. 125. Alternative fuel refueling property credit.
Sec. 126. 2-wheeled plug-in electric vehicle credit.
Sec. 127. Credit for electricity produced from certain renewable
resources.
Sec. 128. Production credit for Indian coal facilities.
Sec. 129. Energy efficient homes credit.
Sec. 130. Special allowance for second generation biofuel plant
property.
Sec. 131. Energy efficient commercial buildings deduction.
Sec. 132. Special rule for sales or dispositions to implement FERC or
State electric restructuring policy for
qualified electric utilities.
Sec. 133. Extension and clarification of excise tax credits relating to
alternative fuels.
Sec. 134. Oil spill liability trust fund rate.
Subtitle D--Certain Provisions Expiring at the End of 2019
Sec. 141. New markets tax credit.
Sec. 142. Employer credit for paid family and medical leave.
Sec. 143. Work opportunity credit.
Sec. 144. Certain provisions related to beer, wine, and distilled
spirits.
Sec. 145. Look-thru rule for related controlled foreign corporations.
Sec. 146. Credit for health insurance costs of eligible individuals.
TITLE II--DISASTER TAX RELIEF
Sec. 201. Definitions.
Sec. 202. Special disaster-related rules for use of retirement funds.
Sec. 203. Employee retention credit for employers affected by qualified
disasters.
Sec. 204. Other disaster-related tax relief provisions.
Sec. 205. Automatic extension of filing deadlines in case of certain
taxpayers affected by Federally declared
disasters.
Sec. 206. Modification of the tax rate for the excise tax on investment
income of private foundations.
Sec. 207. Additional low-income housing credit allocations for
qualified 2017 and 2018 California disaster
areas.
Sec. 208. Treatment of certain possessions.
TITLE III--OTHER PROVISIONS
Sec. 301. Modification of income for purposes of determining tax-exempt
status of certain mutual or cooperative
telephone or electric companies.
Sec. 302. Repeal of increase in unrelated business taxable income for
certain fringe benefit expenses.
(c) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Tax Relief and Support for Families and Individuals
SEC. 101. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by striking
``January 1, 2018'' each place it appears and inserting ``January 1,
2021''.
(b) Conforming Amendment.--Section 108(h)(2) is amended by
inserting ``and determined without regard to the substitution described
in section 163(h)(3)(F)(i)(II)'' after ``clause (ii) thereof''.
(c) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after December 31, 2017.
SEC. 102. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
RESIDENCE INTEREST.
(a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or accrued after December 31, 2017.
SEC. 103. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
(a) In General.--Section 213(f) is amended to read as follows:
``(f) Temporary Special Rule.--In the case of taxable years
beginning before January 1, 2021, subsection (a) shall be applied with
respect to a taxpayer by substituting `7.5 percent' for `10
percent'.''.
(b) Alternative Minimum Tax.--Section 56(b)(1) is amended by
striking subparagraph (B) and by redesignating subparagraphs (C), (D),
(E), and (F), as subparagraphs (B), (C), (D), and (E), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2018.
SEC. 104. DEDUCTION OF QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 105. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
(a) In General.--Section 4121(e)(2)(A) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
on and after the first day of the first calendar month beginning after
the date of the enactment of this Act.
Subtitle B--Incentives for Employment, Economic Growth, and Community
Development
SEC. 111. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 112. RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking ``January 1,
2018'' and inserting ``January 1, 2023''.
(b) Safe Harbor Assignments.--Any assignment, including related
expenditures paid or incurred, under section 45G(b)(2) of the Internal
Revenue Code of 1986 for a taxable year beginning on or after January
1, 2018, and ending before January 1, 2020, shall be treated as
effective as of the close of such taxable year if made pursuant to a
written agreement entered into no later than 90 days following the date
of the enactment of this Act.
(c) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred during taxable years beginning after
December 31, 2017.
SEC. 113. MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 114. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2018'' in subclause (I) and
inserting ``January 1, 2021'', and
(2) by striking ``December 31, 2017'' in subclause (II) and
inserting ``December 31, 2020''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2017.
SEC. 116. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
RESERVATIONS.
(a) In General.--Section 168(j)(9) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2017.
SEC. 117. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to productions commencing after December 31, 2017.
SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Treatment of Certain Termination Dates Specified in
Nominations.--In the case of a designation of an empowerment zone the
nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
before the enactment of this Act), subparagraph (B) of such section
shall not apply with respect to such designation if, after the date of
the enactment of this section, the entity which made such nomination
amends the nomination to provide for a new termination date in such
manner as the Secretary of the Treasury (or the Secretary's designee)
may provide.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2017.
SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax Relief and
Health Care Act of 2006 is amended--
(1) by striking ``January 1, 2018'' each place it appears
and inserting ``January 1, 2021'',
(2) by striking ``first 12 taxable years'' in paragraph (1)
and inserting ``first 15 taxable years'',
(3) by striking ``first 6 taxable years'' in paragraph (2)
and inserting ``first 9 taxable years'', and
(4) by adding at the end the following flush sentence:
``In the case of a corporation described in subsection (a)(2), the
Internal Revenue Code of 1986 shall be applied and administered without
regard to the amendments made by section 401(d)(1) of the Tax Technical
Corrections Act of 2018.''.
(b) Conforming Amendment.--Section 119(e) of division A of the Tax
Relief and Health Care Act of 2006 is amended by inserting ``(as in
effect before its repeal)'' after ``section 199 of the Internal Revenue
Code of 1986''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
Subtitle C--Incentives for Energy Production, Efficiency, and Green
Economy Jobs
SEC. 121. BIODIESEL AND RENEWABLE DIESEL.
(a) Income Tax Credit.--
(1) In general.--Section 40A(g) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2022''.
(2) Effective date.--The amendment made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(b) Excise Tax Incentives.--
(1) Termination.--
(A) In general.--Section 6426(c)(6) is amended by
striking ``December 31, 2017'' and inserting ``December
31, 2022''.
(B) Payments.--Section 6427(e)(6)(B) is amended by
striking ``December 31, 2017'' and inserting ``December
31, 2022''.
(2) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(3) Special rule.--Notwithstanding any other provision of
law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and ending
with the close of the last calendar quarter beginning before
the date of the enactment of this Act, such credit shall be
allowed, and any refund or payment attributable to such credit
(including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the
Treasury (or the Secretary's delegate) shall provide. Such
Secretary shall issue guidance within 30 days after the date of
the enactment of this Act providing for a one-time submission
of claims covering periods described in the preceding sentence.
Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by such
Secretary) to begin not later than 30 days after such guidance
is issued. Such claims shall be paid by such Secretary not
later than 60 days after receipt. If such Secretary has not
paid pursuant to a claim filed under this subsection within 60
days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621 of such
Code.
SEC. 122. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to qualified second generation biofuel production after December 31,
2017.
SEC. 123. NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Technical Amendment.--Section 25C(d)(3) is amended--
(1) by striking ``an energy factor of at least 2.0'' in
subparagraph (A) and inserting ``a Uniform Energy Factor of at
least 2.2'', and
(2) by striking ``an energy factor'' in subparagraph (D)
and inserting ``a Uniform Energy Factor''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2017.
SEC. 124. QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to property purchased after December 31, 2017.
SEC. 125. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2017.
SEC. 126. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to vehicles acquired after December 31, 2017.
SEC. 127. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2018'' each place it appears and
inserting ``January 1, 2021'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
2018 (January 1, 2020, in the case of any facility which is described
in paragraph (1) of section 45(d))'' and inserting ``January 1, 2021''.
(c) Application of Extension to Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Application of phaseout percentage.--
(A) In general.--Section 45(b)(5) is amended by
striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) in the case of any facility the construction
of which begins after December 31, 2019, and before
January 1, 2021, 40 percent.''.
(B) Treatment as energy property.--Section
48(a)(5)(E) is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding at
the end the following new clause:
``(iv) in the case of any facility the
construction of which begins after December 31,
2019, and before January 1, 2021, 40
percent.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2018.
SEC. 128. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking ``12-
year period'' each place it appears and inserting ``15-year period''.
(b) Effective Date.--The amendment made by this section shall apply
to coal produced after December 31, 2017.
SEC. 129. ENERGY EFFICIENT HOMES CREDIT.
(a) In General.--Section 45L(g) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to homes acquired after December 31, 2017.
SEC. 130. SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT
PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by striking
``January 1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2017.
SEC. 131. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking ``December
31, 2017'' and inserting ``December 31, 2020''.
(b) Effective Dates.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 2017.
SEC. 132. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC OR
STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED
ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3) is amended by striking ``January
1, 2018'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after December 31, 2017.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING TO
ALTERNATIVE FUELS.
(a) Extension.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ``December 31, 2017'' and inserting
``December 31, 2020''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2017'' and
inserting ``December 31, 2020''.
(3) Special rule.--Notwithstanding any other provision of
law, in the case of any alternative fuel credit properly
determined under section 6426(d) of the Internal Revenue Code
of 1986 for the period beginning on January 1, 2018, and ending
with the close of the last calendar quarter beginning before
the date of the enactment of this Act, such credit shall be
allowed, and any refund or payment attributable to such credit
(including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the
Treasury (or the Secretary's delegate) shall provide. Such
Secretary shall issue guidance within 30 days after the date of
the enactment of this Act providing for a one-time submission
of claims covering periods described in the preceding sentence.
Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by such
Secretary) to begin not later than 30 days after such guidance
is issued. Such claims shall be paid by such Secretary not
later than 60 days after receipt. If such Secretary has not
paid pursuant to a claim filed under this subsection within 60
days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621 of such
Code.
(4) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2017.
(b) Clarification of Rules Regarding Alternative Fuel Mixture
Credit.--
(1) In general.--Paragraph (2) of section 6426(e) is
amended by striking ``mixture of alternative fuel'' and
inserting ``mixture of alternative fuel (other than a fuel
described in subparagraph (A), (C), or (F) of subsection
(d)(2))''.
(2) Effective date.--The amendment made by this subsection
shall apply to--
(A) fuel sold or used on or after the date of the
enactment of this Act, and
(B) fuel sold or used before such date of
enactment, but only to the extent that claims for the
credit under section 6426(e) of the Internal Revenue
Code of 1986 with respect to such sale or use--
(i) have not been paid or allowed as of
such date, and
(ii) were made on or after January 8, 2018.
(3) No inference.--Nothing contained in this subsection or
the amendments made by this subsection shall be construed to
create any inference as to a change in law or guidance in
effect prior to enactment of this subsection.
SEC. 134. OIL SPILL LIABILITY TRUST FUND RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
on and after the first day of the first calendar month beginning after
the date of the enactment of this Act.
Subtitle D--Certain Provisions Expiring at the End of 2019
SEC. 141. NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1) is amended by striking ``and''
at the end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(H) $5,000,000,000 for 2020.''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended
by striking ``2024'' and inserting ``2025''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2019.
SEC. 142. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--Section 45S(i) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to wages paid in taxable years beginning after December 31, 2019.
SEC. 143. WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2019.
SEC. 144. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
SPIRITS.
(a) Exemption for Aging Process of Beer, Wine, and Distilled
Spirits.--
(1) In general.--Section 263A(f)(4)(B) is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to interest costs paid or accrued after December
31, 2019.
(b) Reduced Rate of Excise Tax on Beer.--
(1) In general.--Paragraphs (1)(C) and (2)(A) of section
5051(a) are each amended by striking ``January 1, 2020'' and
inserting ``January 1, 2021''.
(2) Effective date.--The amendments made by this subsection
shall apply to beer removed after December 31, 2019.
(c) Transfer of Beer Between Bonded Facilities.--
(1) In general.--Section 5414(b)(3) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to calendar quarters beginning after December 31,
2019.
(d) Reduced Rate of Excise Tax on Certain Wine.--
(1) In general.--Section 5041(c)(8)(A) is amended by
striking ``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Conforming amendment.--The heading of section
5041(c)(8) is amended by striking ``Special rule for 2018 and
2019'' and inserting ``Temporary special rule''.
(3) Effective date.--The amendments made by this subsection
shall apply to wine removed after December 31, 2019.
(e) Adjustment of Alcohol Content Level for Application of Excise
Taxes.--
(1) In general.--Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ``January 1, 2020'' and inserting
``January 1, 2021''.
(2) Effective date.--The amendments made by this subsection
shall apply to wine removed after December 31, 2019.
(f) Definition of Mead and Low Alcohol by Volume Wine.--
(1) In general.--Section 5041(h)(3) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Effective date.--The amendment made by this subsection
shall apply to wine removed after December 31, 2019.
(g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
(1) In general.--Section 5001(c)(4) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(2) Conforming amendment.--The heading of section 5001(c)
is amended by striking ``Reduced Rate for 2018 and 2019'' and
inserting ``Temporary Reduced Rate''.
(3) Effective date.--The amendments made by this subsection
shall apply to distilled spirits removed after December 31,
2019.
(h) Bulk Distilled Spirits.--
(1) In general.--Section 5212 is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits transferred in bond after
December 31, 2019.
(i) Simplification of Rules Regarding Records, Statements, and
Returns.--
(1) In general.--Section 5555(a) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(2) Effective date.--The amendment made by this subsection
shall apply to calendar quarters beginning after December 31,
2019.
(j) Technical Correction.--
(1) In general.--Section 5041(c)(8) is amended by adding at
the end the following new subparagraph:
``(C) Application of certain rules.--Paragraphs (3)
and (6) shall be applied by substituting `paragraph (1)
or (8)' for `paragraph (1)' each place it appears
therein.''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in section 13804 of Public Law
115-97.
SEC. 145. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS.
(a) In General.--Section 954(c)(6)(C) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years of foreign corporations beginning after December 31,
2019, and to taxable years of United States shareholders with or within
which such taxable years of foreign corporations end.
SEC. 146. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.
(a) In General.--Section 35(b)(1)(B) is amended by striking
``January 1, 2020'' and inserting ``January 1, 2021''.
(b) Effective Date.--The amendment made by this section shall apply
to months beginning after December 31, 2019.
TITLE II--DISASTER TAX RELIEF
SEC. 201. DEFINITIONS.
For purposes of this title--
(1) Qualified disaster area.--
(A) In general.--The term ``qualified disaster
area'' means any area with respect to which a major
disaster was declared, during the period beginning on
January 1, 2018, and ending on the date which is 60
days after the date of the enactment of this Act, by
the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
if the incident period of the disaster with respect to
which such declaration is made begins on or before the
date of the enactment of this Act.
(B) Denial of double benefit.--Such term shall not
include the California wildfire disaster area (as
defined in section 20101 of subdivision 2 of division B
of the Bipartisan Budget Act of 2018).
(2) Qualified disaster zone.--The term ``qualified disaster
zone'' means that portion of any qualified disaster area which
was determined by the President, during the period beginning on
January 1, 2018, and ending on the date which is 60 days after
the date of the enactment of this Act, to warrant individual or
individual and public assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of the qualified disaster with respect
to such disaster area.
(3) Qualified disaster.--The term ``qualified disaster''
means, with respect to any qualified disaster area, the
disaster by reason of which a major disaster was declared with
respect to such area.
(4) Incident period.--The term ``incident period'' means,
with respect to any qualified disaster, the period specified by
the Federal Emergency Management Agency as the period during
which such disaster occurred (except that for purposes of this
title such period shall not be treated as beginning before
January 1, 2018, or ending after the date which is 30 days
after the date of the enactment of this Act).
SEC. 202. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified disaster distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified disaster
distributions for any taxable year shall not exceed the
excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as
qualified disaster distributions received by
such individual for all prior taxable years.
(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified disaster distribution,
a plan shall not be treated as violating any
requirement of the Internal Revenue Code of 1986 merely
because the plan treats such distribution as a
qualified disaster distribution, unless the aggregate
amount of such distributions from all plans maintained
by the employer (and any member of any controlled group
which includes the employer) to such individual exceeds
$100,000.
(C) Controlled group.--For purposes of subparagraph
(B), the term ``controlled group'' means any group
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of the Internal Revenue Code
of 1986.
(D) Special rule for individuals affected by more
than one disaster.--The limitation of subparagraph (A)
shall be applied separately with respect to
distributions made with respect to each qualified
disaster.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a
qualified disaster distribution may, at any time during
the 3-year period beginning on the day after the date
on which such distribution was received, make 1 or more
contributions in an aggregate amount not to exceed the
amount of such distribution to an eligible retirement
plan of which such individual is a beneficiary and to
which a rollover contribution of such distribution
could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), of the Internal
Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified disaster distribution from an
eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent
of the amount of the contribution, be treated as having
received the qualified disaster distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the
amount to the eligible retirement plan in a direct
trustee to trustee transfer within 60 days of the
distribution.
(C) Treatment of repayments of distributions from
iras.--For purposes of the Internal Revenue Code of
1986, if a contribution is made pursuant to
subparagraph (A) with respect to a qualified disaster
distribution from an individual retirement plan (as
defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, the
qualified disaster distribution shall be treated as a
distribution described in section 408(d)(3) of such
Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified disaster distribution.--Except as
provided in paragraph (2), the term ``qualified
disaster distribution'' means any distribution from an
eligible retirement plan made--
(i) on or after the first day of the
incident period of a qualified disaster and
before the date which is 180 days after the
date of the enactment of this Act, and
(ii) to an individual whose principal place
of abode at any time during the incident period
of such qualified disaster is located in the
qualified disaster area with respect to such
qualified disaster and who has sustained an
economic loss by reason of such qualified
disaster.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such
term by section 402(c)(8)(B) of the Internal Revenue
Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified
disaster distribution, unless the taxpayer elects not
to have this paragraph apply for any taxable year, any
amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable-year period beginning with such taxable year.
(B) Special rule.--For purposes of subparagraph
(A), rules similar to the rules of subparagraph (E) of
section 408A(d)(3) of the Internal Revenue Code of 1986
shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405 of the
Internal Revenue Code of 1986, qualified disaster
distributions shall not be treated as eligible rollover
distributions.
(B) Qualified disaster distributions treated as
meeting plan distribution requirements.--For purposes
the Internal Revenue Code of 1986, a qualified disaster
distribution shall be treated as meeting the
requirements of sections 401(k)(2)(B)(i),
403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such
Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make 1 or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B) of the Internal Revenue Code of
1986) of which such individual is a beneficiary and to
which a rollover contribution of such distribution
could be made under section 402(c), 403(a)(4),
403(b)(8), or 408(d)(3), of such Code, as the case may
be.
(B) Treatment of repayments.--Rules similar to the
rules of subparagraphs (B) and (C) of subsection (a)(3)
shall apply for purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such
distribution relates to financial hardship),
403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue
Code of 1986,
(B) which was to be used to purchase or construct a
principal residence in a qualified disaster area, but
which was not so used on account of the qualified
disaster with respect to such area, and
(C) which was received during the period beginning
on the date which is 180 days before the first day of
the incident period of such qualified disaster and
ending on the date which is 30 days after the last day
of such incident period.
(3) Applicable period.--For purposes of this subsection,
the term ``applicable period'' means, in the case of a
principal residence in a qualified disaster area with respect
to any qualified disaster, the period beginning on the first
day of the incident period of such qualified disaster and
ending on the date which is 180 days after the date of the
enactment of this Act.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the 180-day period beginning on the date of the
enactment of this Act--
(A) clause (i) of section 72(p)(2)(A) of such Code
shall be applied by substituting ``$100,000'' for
``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for
``one-half of the present value of the nonforfeitable
accrued benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual (with respect to any qualified disaster) with an
outstanding loan (on or after the first day of the incident
period of such qualified disaster) from a qualified employer
plan (as defined in section 72(p)(4) of the Internal Revenue
Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period
beginning on the first day of the incident period of
such qualified disaster and ending on the date which is
180 days after the last day of such incident period,
such due date shall be delayed for 1 year (or, if
later, until the date which is 180 days after the date
of the enactment of this Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect
the delay in the due date under subparagraph (A) and
any interest accruing during such delay, and
(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section
72(p)(2) of such Code, the period described in
subparagraph (A) of this paragraph shall be
disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual--
(A) whose principal place of abode at any time
during the incident period of any qualified disaster is
located in the qualified disaster area with respect to
such qualified disaster, and
(B) who has sustained an economic loss by reason of
such qualified disaster.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary or the Secretary of Labor
under any provision of this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2020, or such later date as the Secretary may
prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date that this
section or the regulation described in
subparagraph (A)(i) takes effect (or in
the case of a plan or contract
amendment not required by this section
or such regulation, the effective date
specified by the plan), and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such plan or
contract amendment were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
SEC. 203. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY QUALIFIED
DISASTERS.
(a) In General.--For purposes of section 38 of the Internal Revenue
Code of 1986, in the case of an eligible employer, the 2018 through
2019 qualified disaster employee retention credit shall be treated as a
credit listed at the end of subsection (b) of such section. For
purposes of this subsection, the 2018 through 2019 qualified disaster
employee retention credit for any taxable year is an amount equal to 40
percent of the qualified wages with respect to each eligible employee
of such employer for such taxable year. The amount of qualified wages
with respect to any employee which may be taken into account under this
subsection by the employer for any taxable year shall not exceed $6,000
(reduced by the amount of qualified wages with respect to such employee
which may be so taken into account for any prior taxable year).
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer''
means any employer--
(A) which conducted an active trade or business in
a qualified disaster zone at any time during the
incident period of the qualified disaster with respect
to such qualified disaster zone, and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable at any time
during the period beginning on the first day of the
incident period of such qualified disaster and ending
on the date of the enactment of this Act, as a result
of damage sustained by reason of such qualified
disaster.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer an employee whose
principal place of employment with such eligible employer
(determined immediately before the qualified disaster referred
to in paragraph (1)) was in the qualified disaster zone
referred to in such paragraph.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with
respect to an eligible employee at any time on or after the
date on which the trade or business described in paragraph (1)
first became inoperable at the principal place of employment of
the employee (determined immediately before the qualified
disaster referred to in such paragraph) and before the earlier
of--
(A) the date on which such trade or business has
resumed significant operations at such principal place
of employment, or
(B) the date which 150 days after the last day of
the incident period of the qualified disaster referred
to in paragraph (1).
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a
different place of employment than such principal place of
employment, or performs services at such principal place of
employment before significant operations have resumed.
(c) Certain Rules to Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1), 52, and 280C(a), of the
Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An employee
shall not be treated as an eligible employee for purposes of this
section for any period with respect to any employer if such employer is
allowed a credit under section 51 of the Internal Revenue Code of 1986
with respect to such employee for such period.
SEC. 204. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Increase in Limitation on Qualified Contributions.--
(1) Suspension of current limitation.--Except as otherwise
provided in paragraph (2), qualified contributions shall be
disregarded in applying subsections (b) and (d) of section 170
of the Internal Revenue Code of 1986.
(2) Application of increased limitation.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the
extent that the aggregate of such contributions
does not exceed the excess of the taxpayer's
contribution base (as defined in subparagraph
(H) of section 170(b)(1) of such Code) over the
amount of all other charitable contributions
allowed under section 170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the
contribution year (within the meaning of
section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be
added to the excess described in section
170(b)(1)(G)(ii).
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution
shall be allowed as a deduction only to the
extent that the aggregate of such contributions
does not exceed the excess of the taxpayer's
taxable income (as determined under paragraph
(2) of section 170(b) of such Code) over the
amount of all other charitable contributions
allowed under such paragraph.
(ii) Carryover.--If the aggregate amount of
qualified contributions made in the
contribution year (within the meaning of
section 170(d)(2) of such Code) exceeds the
limitation of clause (i), such excess shall be
appropriately taken into account under section
170(d)(2) subject to the limitations thereof.
(3) Qualified contributions.--
(A) In general.--For purposes of this subsection,
the term ``qualified contribution'' means any
charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) if--
(i) such contribution--
(I) is paid, during the period
beginning on January 1, 2018, and
ending on the date which is 60 days
after the date of the enactment of this
Act, in cash to an organization
described in section 170(b)(1)(A) of
such Code, and
(II) is made for relief efforts in
one or more qualified disaster areas,
(ii) the taxpayer obtains from such
organization contemporaneous written
acknowledgment (within the meaning of section
170(f)(8) of such Code) that such contribution
was used (or is to be used) for relief efforts
described in clause (i)(II), and
(iii) the taxpayer has elected the
application of this subsection with respect to
such contribution.
(B) Exception.--Such term shall not include a
contribution by a donor if the contribution is--
(i) to an organization described in section
509(a)(3) of the Internal Revenue Code of 1986,
or
(ii) for the establishment of a new, or
maintenance of an existing, donor advised fund
(as defined in section 4966(d)(2) of such
Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S
corporation, the election under subparagraph (A)(iii)
shall be made separately by each partner or
shareholder.
(b) Special Rules for Qualified Disaster-related Personal Casualty
Losses.--
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section
165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
shall be equal to the sum of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in
the matter preceding clause (i) of section
165(h)(2)(A) of such Code (reduced by the
amount in clause (i) of this subparagraph) as
exceeds 10 percent of the adjusted gross income
of the individual,
(B) section 165(h)(1) of such Code shall be applied
by substituting ``$500'' for ``$500 ($100 for taxable
years beginning after December 31, 2009)'',
(C) the standard deduction determined under section
63(c) of such Code shall be increased by the net
disaster loss, and
(D) section 56(b)(1)(E) of such Code (section
56(b)(1)(D) of such Code in the case of taxable years
ending after December 31, 2018) shall not apply to so
much of the standard deduction as is attributable to
the increase under subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection,
the term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal
casualty gains (as defined in section 165(h)(3)(A) of the
Internal Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified disaster-
related personal casualty losses'' means losses described in
section 165(c)(3) of the Internal Revenue Code of 1986 which
arise in a qualified disaster area on or after the first day of
the incident period of the qualified disaster to which such
area relates, and which are attributable to such qualified
disaster.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the applicable taxable
year is less than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under sections
24(d) and 32 of the Internal Revenue Code of 1986 may, at the
election of the taxpayer, be determined by substituting--
(A) such earned income for the preceding taxable
year, for
(B) such earned income for the applicable taxable
year.
(2) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode at any time during the incident period
of any qualified disaster was located--
(A) in the qualified disaster zone with respect to
such qualified disaster, or
(B) in the qualified disaster area with respect to
such qualified disaster (but outside the qualified
disaster zone with respect to such qualified disaster)
and such individual was displaced from such principal
place of abode by reason of such qualified disaster.
(3) Applicable taxable year.--For purposes of this
subsection, the term ``applicable taxable year'' means--
(A) in the case of a qualified individual other
than an individual described in subparagraph (B), any
taxable year which includes any portion of the incident
period of the qualified disaster to which the qualified
disaster area referred to in paragraph (2)(A) relates,
or
(B) in the case of a qualified individual described
in subparagraph (B) of paragraph (2), any taxable year
which includes any portion of the period described in
such subparagraph.
(4) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(5) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for an
applicable taxable year--
(i) such paragraph shall apply if either
spouse is a qualified individual, and
(ii) the earned income of the taxpayer for
the preceding taxable year shall be the sum of
the earned income of each spouse for such
preceding taxable year.
(B) Uniform application of election.--Any election
made under paragraph (1) shall apply with respect to
both sections 24(d) and 32 of the Internal Revenue Code
of 1986.
(C) Errors treated as mathematical error.--For
purposes of section 6213 of the Internal Revenue Code
of 1986, an incorrect use on a return of earned income
pursuant to paragraph (1) shall be treated as a
mathematical or clerical error.
(D) No effect on determination of gross income,
etc.--Except as otherwise provided in this subsection,
the Internal Revenue Code of 1986 shall be applied
without regard to any substitution under paragraph (1).
SEC. 205. AUTOMATIC EXTENSION OF FILING DEADLINES IN CASE OF CERTAIN
TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
(a) In General.--Section 7508A is amended by adding at the end the
following new subsection:
``(d) Mandatory 60-day Extension.--
``(1) In general.--In the case of any qualified taxpayer,
the period--
``(A) beginning on the earliest incident date
specified in the declaration to which the disaster area
referred to in paragraph (2) relates, and
``(B) ending on the date which is 60 days after the
latest incident date so specified,
shall be disregarded in the same manner as a period specified
under subsection (a).
``(2) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any individual whose principal residence (for
purposes of section 1033(h)(4)) is located in a
disaster area,
``(B) any taxpayer if the taxpayer's principal
place of business (other than the business of
performing services as an employee) is located in a
disaster area,
``(C) any individual who is a relief worker
affiliated with a recognized government or
philanthropic organization and who is assisting in a
disaster area,
``(D) any taxpayer whose records necessary to meet
a deadline for an act described in section 7508(a)(1)
are maintained in a disaster area,
``(E) any individual visiting a disaster area who
was killed or injured as a result of the disaster, and
``(F) solely with respect to a joint return, any
spouse of an individual described in any preceding
subparagraph of this paragraph.
``(3) Disaster area.--For purposes of this subsection, the
term `disaster area' has the meaning given such term under
subparagraph (B) of section 165(i)(5) with respect to a
Federally declared disaster (as defined in subparagraph (A) of
such section).
``(4) Application to rules regarding pensions.--In the case
of any person described in subsection (b), a rule similar to
the rule of paragraph (1) shall apply for purposes of
subsection (b) with respect to--
``(A) making contributions to a qualified
retirement plan (within the meaning of section 4974(c))
under section 219(f)(3), 404(a)(6), 404(h)(1)(B), or
404(m)(2),
``(B) making distributions under section 408(d)(4),
``(C) recharacterizing contributions under section
408A(d)(6), and
``(D) making a rollover under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3).
``(5) Coordination with periods specified by the
secretary.--Any period described in paragraph (1) with respect
to any person (including by reason of the application of
paragraph (4)) shall be in addition to (or concurrent with, as
the case may be) any period specified under subsection (a) or
(b) with respect to such person.''.
(b) Effective Date.--The amendment made by this section shall apply
to federally declared disasters declared after the date of the
enactment of this Act.
SEC. 206. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) is amended by striking ``2
percent'' and inserting ``1.39 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 is amended by striking
subsection (e).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 207. ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR
QUALIFIED 2017 AND 2018 CALIFORNIA DISASTER AREAS.
(a) In General.--For purposes of section 42 of the Internal Revenue
Code of 1986, the State housing credit ceiling for California for
calendar year 2020 shall be increased by the lesser of--
(1) the aggregate housing credit dollar amount allocated by
the State housing credit agencies of California for such
calendar year to buildings located in qualified 2017 and 2018
California disaster areas, or
(2) 50 percent of the sum of the State housing credit
ceilings for California for calendar years 2017 and 2018.
(b) Allocations Treated as Made First From Additional Allocation
for Purposes of Determining Carryover.--For purposes of determining the
unused State housing credit ceiling for any calendar year under section
42(h)(3)(C) of the Internal Revenue Code of 1986, any increase in the
State housing credit ceiling under subsection (a) shall be treated as
an amount described in clause (ii) of such section.
(c) Definitions.--For purposes of this section--
(1) Qualified 2017 and 2018 california disaster areas.--The
term ``qualified 2017 and 2018 California disaster areas''
means any area in California which was determined by the
President (before January 1, 2019) to warrant individual or
individual and public assistance from the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act by reason of a major disaster the incident
period of which begins or ends in calendar year 2017 or 2018.
Notwithstanding section 201, for purposes of the preceding
sentence, the term ``incident period'' means the period
specified by the Federal Emergency Management Agency as the
period during which the disaster occurred.
(2) Other definitions.--Terms used in this section which
are also used in section 42 of the Internal Revenue Code of
1986 shall have the same meaning in this section as in such
section 42.
SEC. 208. TREATMENT OF CERTAIN POSSESSIONS.
(a) Payments to Possessions With Mirror Code Tax Systems.--The
Secretary of the Treasury shall pay to each possession of the United
States which has a mirror code tax system amounts equal to the loss (if
any) to that possession by reason of the application of the provisions
of this title. Such amounts shall be determined by the Secretary of the
Treasury based on information provided by the government of the
respective possession.
(b) Payments to Other Possessions.--The Secretary of the Treasury
shall pay to each possession of the United States which does not have a
mirror code tax system amounts estimated by the Secretary of the
Treasury as being equal to the aggregate benefits (if any) that would
have been provided to residents of such possession by reason of the
provisions of this title if a mirror code tax system had been in effect
in such possession. The preceding sentence shall not apply unless the
respective possession has a plan, which has been approved by the
Secretary of the Treasury, under which such possession will promptly
distribute such payments to its residents.
(c) Mirror Code Tax System.--For purposes of this section, the term
``mirror code tax system'' means, with respect to any possession of the
United States, the income tax system of such possession if the income
tax liability of the residents of such possession under such system is
determined by reference to the income tax laws of the United States as
if such possession were the United States.
(d) Treatment of Payments.--For purposes of section 1324 of title
31, United States Code, the payments under this section shall be
treated in the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section.
TITLE III--OTHER PROVISIONS
SEC. 301. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING TAX-EXEMPT
STATUS OF CERTAIN MUTUAL OR COOPERATIVE TELEPHONE OR
ELECTRIC COMPANIES.
(a) In General.--Section 501(c)(12) is amended by adding at the end
the following new subparagraph:
``(J) In the case of a mutual or cooperative
telephone or electric company described in this
paragraph, subparagraph (A) shall be applied without
taking into account any income received or accrued
from--
``(i) any grant, contribution, or
assistance provided pursuant to the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act or any similar grant,
contribution, or assistance by any local,
State, or regional governmental entity for the
purpose of relief, recovery, or restoration
from, or preparation for, a disaster or
emergency, or
``(ii) any grant or contribution by any
governmental entity (other than a contribution
in aid of construction or any other
contribution as a customer or potential
customer) the purpose of which is substantially
related to providing, constructing, restoring,
or relocating electric, communication,
broadband, internet, or other utility
facilities or services.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 302. REPEAL OF INCREASE IN UNRELATED BUSINESS TAXABLE INCOME FOR
CERTAIN FRINGE BENEFIT EXPENSES.
(a) In General.--Section 512(a) is amended by striking paragraph
(7).
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the amendments made by section 13703 of Public
Law 115-97.
Attest:
Clerk.
116th CONGRESS
1st Session
H.R. 1865
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT